ARMY | BCMR | CY2013 | 20130011892
Counsel now requests the Board reconsider that appeal and find that the applicant did in fact suffer from a qualifying traumatic event and grant him compensation for his covered loss of ADLs for the prescribed amount of time. The TSGLI program was established by Congress to provide relief to Soldiers and their families after suffering a traumatic injury. Counsel argues that the applicant's traumatic event was most likely a cut to a finger of his right hand, and/or ingestion of unsanitary...
ARMY | BCMR | CY2013 | 20130011893
In a separate 2-page addendum accompanying his Army Board for Correction of Military Records (ABCMR) application, the applicant states the critical factors (individually and collectively) that prevented him from having a smooth transition, development, and progress in the USAR, and which prevented him from meeting the minimum MILED requirements for promotion to MAJ, including: a. his relatively recent transfer from the USNR to the USAR; b. the timing of his accession into the USAR from the...
ARMY | BCMR | CY2013 | 20130011894
If a member of the Air Force receives a benefit under TSGLI for an incurred traumatic injury, a member of the Army experiencing a similar injury should receive the same benefit. Counsel states that when the TSGLI board denied the applicant's claim in June 2012, it imposed a different standard with a higher burden of proof unwarranted by either the governing TSGLI statute or its implementing regulations. The TSGLI program was established by Congress to provide relief to Soldiers and their...
ARMY | BCMR | CY2013 | 20130011898
The applicant requests transfer of the following documents filed in the performance folder of his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) to the restricted folder: * general officer memorandum of reprimand (GOMOR), dated 31 July 2007 * Department of the Army Suitability Evaluation Board (DASEB) memorandum, dated 12 March 2009 2. A review of the applicant's AMHRR shows both the GOMOR and DASEB memorandum, dated 12 March 2009, are...
ARMY | BCMR | CY2013 | 20130011899
The applicant states: * the CRSC Office awarded him CRSC for multiple conditions between 2005 and 2009 but later declared him ineligible and discontinued payment * the Notice of CRSC final reconsideration is in error because it did not follow or review or acknowledge the standards of this program * because he is considered unemployable by the Department of Veterans Affairs (VA), he should be entitled to 100 percent CRSC compensation * he is also determined unemployable by the Social Security...
ARMY | BCMR | CY2013 | 20130011903
(b) I understand that the AFQT score I receive from this AFCT will be counted as my final AFQT score of record, for which my continued eligibility will be determined. Eligibility for the NPSEB required a score of 31 or higher to receive the incentive. As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by: * showing the applicant was granted an ETP to accept the $20,000 NPSEB offered at the time of his...
ARMY | BCMR | CY2013 | 20130011910
The applicant provides: * Service medical records, dated 1990 to 1996 * Medical records, dated 2013 CONSIDERATION OF EVIDENCE: 1. Such disabilities must be compensated by the VA and rated at least 10-percent disabling. There is no evidence in the available record and he has not provided sufficient evidence which shows a medical condition was sustained during combat action or simulation of war.
ARMY | BCMR | CY2013 | 20130011913
The applicant requests correction of item 7b (Home of Record (HOR) at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, Killeen, TX. The applicant's DD Form 4 shows her HOR at the time of enlistment was Fort Irwin, CA. She provides insufficient evidence to show that this was given in error.
ARMY | BCMR | CY2013 | 20130011916
Application for correction of military records (with supporting documents provided, if any). The applicant requests issuance of a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM). Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of...
ARMY | BCMR | CY2013 | 20130011917
The applicant requests waiver of recoupment of his Army National Guard extension bonus. The NGB denied an exception to policy because: * the applicant did not serve 6 months before becoming an MT * he was not serving in the military occupational specialty he contracted for * the applicant and the service representative signed the addendum on different dates * the Bonus Control Number was requested after the applicant signed the addendum 7. The evidence of record clearly shows the applicant...
ARMY | BCMR | CY2013 | 20130011918
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. Notwithstanding his sincerity, in the absence of the orders or official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when the unit was engaged in active ground combat, there is an insufficient...
ARMY | BCMR | CY2013 | 20130011919
The applicant requests correction of his records to show he remains entitled to his $15,000 Reenlistment Bonus (REB) and cancellation of any recoupment action. An NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Decentralized State Incentive Pilot Program Addendum), dated 19 September 2011. c. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 13 June 2012. d. A Joint Force Headquarters - Montana memorandum, Subject: Exception to Policy...
ARMY | BCMR | CY2013 | 20130011930
The PEB considered the condition listed as Medical Evaluation Board (MEB) diagnosis 2 and found that, even though the MEB determined the condition failed retention standards, the condition was not unfitting and therefore not ratable. Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. A VA service-connected disability rating for a combat-related condition that a PEB found to...
ARMY | BCMR | CY2013 | 20130011932
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 15 August 1997 to show: * Southeast (i.e., Southwest) Asia Service Medal * Army Commendation Medal * two awards of the Army Achievement Medal * completion of the Reserve Component (RC) Primary Leadership Development Course (PLDC) 2. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their...
ARMY | BCMR | CY2013 | 20130011935
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, clemency is not warranted in this case. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2013 | 20130011937
The applicant requests correction of the 1986 formal temporary disability retired list (TDRL) physical evaluation board (PEB) finding and recommendations to show he was assigned a 30-percent (%) vice 20% disability rating. On 14 April 1986, a formal TDRL PEB convened and based on a review of the medical evidence of record, presentation by counsel, and the applicant's testimony, the PEB again found the applicant's conditions prevented him from performing the duties required of his grade and...
ARMY | BCMR | CY2013 | 20130011940
An LOD was completed on a DA Form 2173 stating the applicant sustained an injury to his ribs due to an IED blast. He was returned to duty on 20 June 2007. By regulation, in order to award the Purple Heart it is necessary to establish the Soldier was wounded in action, the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.
ARMY | BCMR | CY2013 | 20130011944
On 14 September 2004, the applicant's commander notified her that he was initiating action to discharge her from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13, due to a personality disorder as diagnosed by a medically-qualified psychiatrist. Army Regulation 635-200 states that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from...
ARMY | BCMR | CY2013 | 20130011946
On 16 October 2011, he submitted a memorandum, through his commander, to the State Adjutant General, requesting a transfer to the ING. An NGB official stated the applicant's request to retain a $15,000 reenlistment bonus for his reenlistment on 20 February 2008 could not be supported because he had exceeded the authorized period of non-availability in the ING and had failed to extend/reenlist for the period of non-availability within the required time. However, his ETP denial indicates...
ARMY | BCMR | CY2013 | 20130011952
IN THE CASE OF: BOARD DATE: 5 March 2014 DOCKET NUMBER: AR20130011952 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his undesirable discharge be upgraded to a general discharge. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2013 | 20130011956
The applicant requests reconsideration of an earlier request to remove his DA Form 67-9 (Officer Evaluation Report (OER)) covering the rated period 7 June 2008 through 4 May 2009 from his Army Military Human Resource Record (AMHRR). Under CPT [Applicants] leadership, the detachment functioned well and many important and significant tasks were accomplished, moving the command in a positive direction. Paragraph 2-4 states that once a document is placed in the AMHRR it becomes a permanent...
ARMY | BCMR | CY2013 | 20130011957
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge and Meritorious Unit Commendation. He provided copies of the following: * PO Number 098-012, issued by Headquarters, 1st Battalion, 25th Stryker Brigade Combat Team, dated 8 April 2009, awarding him the Combat Infantryman Badge while serving with the 1st Battalion, 5th Infantry Regiment * PO Number 069-34, issued by the U.S. Army Human...
ARMY | BCMR | CY2013 | 20130011959
A review of the TSGLI Procedure Guide and all information publically available on processing Army TSGLI applications indicates that an individual should receive payment under TSGLI for loss of the ability to independently perform two or more ADLs for 30/60/90/120 day periods. His imbalance and reach issues required him to have both hands-on and stand-by assistance with a number of ADLs and in particular, bathing and dressing, which are well documented in his military medical records. The...
ARMY | BCMR | CY2013 | 20130011963
The applicant requests correction of his records to show he elected transfer of his educational benefits to his dependents under the Post-9/11 GI Bill transferability provision. Therefore, it would be appropriate to correct his military records to show he elected to transfer educational benefits to his eligible family members under the Post-9/11 GI Bill transferability provision prior to his retirement date. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130011968
The applicant requests correction of his military records to show he contracted for Incentive Special Pay (ISP) with an effective date of 1 July 2012. The applicant is requesting that his 1-year ISP contract at $36,000/year effective 1 November 2012 be changed to show an effective date of 1 July 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. terminating the applicant's ISP contract at $20,000/year for the...
ARMY | BCMR | CY2013 | 20130011974
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a U.S. citizen when he was separated on 6 February 1970. The applicant's DD Form 398 which would have been completed at the time of his induction and the DA Form 20 which would have been created upon his entry on active duty are not available for review with this case. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2013 | 20130011976
The applicant requests correction of his record to show his correct place and date of birth (DOB). All documents maintained in the applicant's NPRC reconstructed file containing his DOB and place of birth list them as 9 August 1941 and Pensacola, Florida, respectively. The evidence of record further shows the applicant's place of birth is Pensacola, Florida.
ARMY | BCMR | CY2013 | 20130011978
Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: The evidence indicates an administrative error was made when recording the applicant's last name 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 to show the spelling of his last name as shown on his Social Security Card.
ARMY | BCMR | CY2013 | 20130011980
BOARD DATE: 16 April 2014 DOCKET NUMBER: AR20130011980 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his last name as Niexxx-Felixxx. 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...
ARMY | BCMR | CY2013 | 20130011981
The applicant states: a. his awards earned for his service as a combat aviator in Vietnam were not transcribed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) at the time of his discharge; b. he sustained a concussion during combat when his aircraft was forced to land in a rice paddy as a result of aircraft failure entitling him to the PH; c. he includes ABCMR Docket Number AR2004102091, which is identical to his in many ways, shows this warrant officer...
ARMY | BCMR | CY2013 | 20130011982
The applicant requests correction of his U.S. Army Reserve (USAR) discharge orders to show his rank as second lieutenant (2LT) vice sergeant (SGT). The evidence of record confirms the applicant successfully completed the DCARNG OCS course of instruction on 2 July 1966. His records are void of any evidence and he has not provided any evidence that shows he was ever appointed as a 2LT in the USAR.
ARMY | BCMR | CY2013 | 20130011983
The applicant requests, in effect, clemency and an upgrade of his bad conduct discharge (BCD). His service record shows he received an Article 15 for possessing some amount of marijuana and a conviction by a general court-martial for violating a general regulation, unlawfully striking a PFC, and assaulting a SP4. As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel for an honorable or a...
ARMY | BCMR | CY2013 | 20130011986
His military record does not contain any document or orders to show he was ever recommended for or awarded the ARCOM. Although the evidence of record does not contain the official order which announced the applicant's ARCOM, the facts which formed the basis for this award reflected in his Korean service, unit assignment, and duty performance in four different duty positions are corroborated by the evidence of record. Accordingly, his record should be corrected at this time to show this award.
ARMY | BCMR | CY2013 | 20130011987
IN THE CASE OF: BOARD DATE: 13 March 2014 DOCKET NUMBER: AR20130011987 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, in effect: * he enlisted in the South Carolina Army National Guard (SCARNG) and agreed to serve in military occupational specialty (MOS) 21J (General Construction Equipment Operator) * he executed Annex X (PSEB Addendum ARNG) to the DD Form 4 (Enlistment/Reenlistment Document) * his recruiter made the errors by signing his (the applicant's) name in the...
ARMY | BCMR | CY2013 | 20130011989
The applicant provides copies of his DD Form 214, Enlisted Record Brief (ERB), promotion orders to pay grade E-7, and a printout from an Army MOS website. Item 11 of the DD Form 214 is intended to show MOSs held during the current period of service, not how long a Soldier served in a particular duty MOS or at a particular skill level. Item 11 of the applicant's DD Form 214 is incorrect in that he held MOS 74D4O when he retired.
ARMY | BCMR | CY2013 | 20130011990
The DD Form 214 she provided shows she was discharged under honorable conditions on 24 July 1987. The DD Form 214 provided by the applicant matches all of the available data within her military records with the exception of her SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 to show her SSN as shown on her social security card.
ARMY | BCMR | CY2013 | 20130011995
The applicant requests correction of his social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). His military records show his SSN as XXX-XX-8065 with the exception of his DD Form 214. DISCUSSION AND CONCLUSIONS: The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214.
ARMY | BCMR | CY2013 | 20130011998
A DD Form 214 shows the applicant was discharged with a BCD on 17 February 2012 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3, as a result of court-martial (other). The applicant contends his DD Form 214 should be corrected because he was awarded the Purple Heart and his BCD should be upgraded because the VA determined he had honorable service from 30 March 2004 to 17 February 2012. The evidence of record shows the applicant entered...
ARMY | BCMR | CY2013 | 20130012004
c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 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 by deleting the Vietnam Service...
ARMY | BCMR | CY2013 | 20130012006
The applicant requests that his awards of the Air Medal and Valorous Unit Award (VUA) be added to his DD Form 214 (Report of Separation from Active Duty). While two of the applicants units were awarded the VUA, it was not during the period he served with either unit as the applicant did not arrive in Vietnam until June 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the awards of the Air Medal and Republic...
ARMY | BCMR | CY2013 | 20130012007
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 the Army Commendation Medal (ARCOM) (2nd Award). Absent any evidence to support his claim or the citation that he provides confirming his entitlement to the ARCOM with OLC, there is no basis to grant the requested relief in this case.
ARMY | BCMR | CY2013 | 20130012008
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The separation authority approved the request and directed the issuance of an Undesirable Discharge Certificate. In July 1977 and August 1980, the Army Discharge Review Board denied the applicant's requests to upgrade his discharge.
ARMY | BCMR | CY2013 | 20130012012
There is no evidence that the applicant received the first award of the Army Good Conduct Medal. Therefore, there is sufficient evidence on which to base adding the Army Good Conduct Medal (1st Award) to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "1 O/S BAR" from his DD Form 214; and b. adding the Army Good Conduct Medal (1st Award), two Overseas Service Bars, Meritorious Unit...
ARMY | BCMR | CY2013 | 20130012015
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 second Purple Heart (PH). There is a single entry on this list of RVN casualties pertaining to the applicant which shows he was wounded on 8 July 1971.
ARMY | BCMR | CY2013 | 20130012016
The applicant provides: * DD Form 214 * page 4 of his DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. Based on his service with the 7th Battalion, 8th Artillery, the following awards should be added to his DD Form 214: * Meritorious Unit Commendation (Army) (two awards) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 4. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2013 | 20130012019
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Notwithstanding his sincerity, in the absence of additional official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that...
ARMY | BCMR | CY2013 | 20130012026
The applicant requests promotion to the rank of chief warrant officer five (CW5). It further states assignment to a CW5 position is required for promotion to CW5. Evidence shows that while he successfully completed the WOSC, the applicant was never assigned to a CW5 position prior to his reassignment to the Retired Reserve on 28 February 2012.
ARMY | BCMR | CY2013 | 20130012029
Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, it would be appropriate at this time to award him this medal for the period 3 January 1968 through 14 December 1969 and to correct his DD Form 214 to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130012030
Application for correction of military records (with supporting documents provided, if any). There is insufficient evidence of record and the applicant did not provide any evidence to show he was awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.
ARMY | BCMR | CY2013 | 20130012033
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. Therefore, he should be awarded the first award of the Army Good Conduct Medal. 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 Conduct...