ARMY | BCMR | CY2013 | 20130012736
Application for correction of military records (with supporting documents provided, if any). The applicant states: * he erred in judgment and made a bad choice by going in an absent without leave (AWOL) status * he feared for his family since neighborhood gangs were on his street address * the Army officer at his hearing did not convince him to finish his four years and he did not understand then what he now knows * he joined the Army to get out of a gang; they threatened his life if he did...
ARMY | BCMR | CY2013 | 20130012737
On 31 March 1979, he was honorably retired from the Army, by reason of sufficient service for retirement, at the conclusion of 20 years and 5 days of active service. The applicant contends his record should be corrected to show he was retired in the rank/grade of SFC/E-7. Army Regulation 15-80 provides that service in a higher grade will normally be considered unsatisfactory if reversion to a lower grade results from the sentence of a court-martial.
ARMY | BCMR | CY2013 | 20130012738
The applicant requests, in effect, correction of his records to show he declined participation in the Survivor Benefit Plan (SBP) at the time he was placed on the Temporary Disability Retired List (TDRL). Public Law 99-145, enacted 8 November 1985 but effective 1 March 1986, required a spouse's written concurrence for a retiring member's election that provided less than maximum spouse SBP coverage. The applicant claims he and his spouse signed a DD Form 2656 electing not to participate in...
ARMY | BCMR | CY2013 | 20130012741
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. However, the evidence of record does not support his request for an upgrade of his UOTHC discharge.
ARMY | BCMR | CY2013 | 20130012742
These statements were provided more than 3 months after the applicant's claimed period of inability to perform the ADLs. Conversely, the medical records prepared during the applicant's claimed period of inability to perform ADLs (i.e., on 16 February and 23 March 2012, respectively) do not support a conclusion that the applicant required assistance with ADLs for an extended period of time. Thus, the available medical evidence does not support the applicant's claim for TSGLI.
ARMY | BCMR | CY2013 | 20130012743
The applicant requests correction of item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show hardship or early out. It states the SPD code of KGF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-5b and "locally imposed bar to reenlistment" is the corresponding narrative reason for separation. The evidence of record confirms a bar to reenlistment was...
ARMY | BCMR | CY2013 | 20130012744
The applicant requests correction of his record to show he enlisted in the Regular Army (RA) on 10 December 2012 in the rank/grade of sergeant (SGT)/ E-5. Paragraph 3-17 (Enlistment Pay Grades and Terms of Enlistment for RA Applicants with Prior Military Service) states: a. higher grade is not authorized for applicants who have been reduced in rank and discharged or a member of a Reserve Component (RC). Evidence shows he was promoted to E-5 in the ARNG in January 2010 while in the SROTC...
ARMY | BCMR | CY2013 | 20130012745
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Self-authored statements, dated 29 June 2013 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Court order, dated 27 July 2010 * Physician's letter, dated 20 July 2011 CONSIDERATION OF EVIDENCE: 1. The applicant used this name throughout the period of military service; therefore, there is no error in the applicant's military records to correct.
ARMY | BCMR | CY2013 | 20130012746
The applicant requests, in effect, correction of his records to show he was medically unfit due to post-traumatic stress disorder (PTSD) and amendment of his disability rating percentage to reflect this additional diagnosis. The DA Form 199 further shows the entry "50 percent" in item 9 (THE BOARD FINDS THE SOLDIER PHYSICALLY UNFIT AND RECOMMENDS A COMBINED RATING OF:) and the Soldier's disposition as "permanent disability retirement." The PEB recommended permanent retirement at the rate...
ARMY | BCMR | CY2013 | 20130012747
Application for correction of military records (with supporting documents provided, if any). There is no evidence he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. His contention that records from the testing laboratory contained errors is noted; however, the records he provided clearly show they were administrative errors only and verified his specimen did test positive for marijuana on 4 June 1993.
ARMY | BCMR | CY2013 | 20130012753
Application for correction of military records (with supporting documents provided, if any). _______ _ _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) AR20130012753 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012753 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2013 | 20130012755
All documents in his service records show his SSN as "5XX-2X-7XXX" including: * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 16 January 1981 * DD Form 1966 (Record of Military Processing Armed Forces of the United States), dated 16 January 1981 * DA Form 2-1 (Personnel Qualification Record - Part II), prepared on 8 July 1981 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) 5. The applicant's request to correct his...
ARMY | BCMR | CY2013 | 20130012759
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the: * World War II Victory Medal * Navy Occupation Medal with Europe Clasp * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * Purple Heart * National Defense Service Medal (NDSM) with bronze service star * Korean Service Medal (KSM) with 3 bronze service...
ARMY | BCMR | CY2013 | 20130012761
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The evidence supports the applicant's request for correction of his DD Form 214 to show award of the AFEM.
ARMY | BCMR | CY2013 | 20130012762
The applicant states: * the U.S. Army Human Resources Command (HRC) has his official retirement orders from 2002, which show he completed 23 years, 4 months, and 4 days of 1405 service * HRC now acknowledges he served 5 years and 7 months as a retiree recall, from 1 December 2002 through 1 July 2008 * the two periods of service equal 28 years, 11 months, and 4 days, the total for correction of his 1405 service * HRC will not provide a reason why it is not honoring the 1405 service stated in...
ARMY | BCMR | CY2013 | 20130012764
The applicant requests correction of the date of birth (DOB) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 22 August 1956. The available records show he used the DOB of "22 August 1955" throughout his active service. The applicant is advised that a copy of this decisional document will be filed in his Army Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).
ARMY | BCMR | CY2013 | 20130012769
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 AR20120013164, on 7 February 2013. The birth certificate he provides shows his last name is spelled Wixx and the DOB as 18 February xxxx. A letter from the VA, dated 16 April 2012, shows the VA granted the applicant's request for his name change to Wixx and changed his patient profile...
ARMY | BCMR | CY2013 | 20130012772
Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130012773
The applicant requests his discharge be changed to a medical discharge. The applicant's request for discharge in lieu of trial by court-martial was approved and he was discharged UOTHC on 25 November 1987. The applicant has not provided and the record contains no evidence that he was suffering from any physical or mental condition at the time he went AWOL and was discharged.
ARMY | BCMR | CY2013 | 20130012776
On 25 May 1978, the Army Discharge Review Board affirmed the upgrade of his discharge and issued a DD Form 215 (Correction to DD Form 214) reflecting the change. The evidence of records show he served in Vietnam during two campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to his DD Form 214 ending on 3 August 1972 the: * Purple Heart (1st Award) * Vietnam Service Medal with two bronze service stars *...
ARMY | BCMR | CY2013 | 20130012778
The U.S. Army Court of Criminal Appeals held the findings of guilty and the sentence as approved by the convening authority correct in law and fact. His DD Form 214 shows he was separated in accordance with chapter 3 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) with a bad conduct discharge. For enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the...
ARMY | BCMR | CY2013 | 20130012779
His record is void of documentation showing he served in active ground combat during his service in Korea. However, there is no evidence of record to show he ever served in active ground combat. Therefore, there is an insufficient basis upon which to award him the CIB and add this badge to his DD Form 214 at this time.
ARMY | BCMR | CY2013 | 20130012784
Item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he deployed with the 6th Battalion, 14th Artillery to Vietnam on 4 October 1965. Awarding him the Army Good Conduct Medal (First Award) for the period of service 15 January 1964 to 11 January 1966. b. Adding the following awards to his DD Form 214: * Army Good Conduct Medal (First Award) * Presidential Unit Citation (Army) * Meritorious Unit Commendation (Army) * National...
ARMY | BCMR | CY2013 | 20130012789
Counsel requests correction of the applicant's records to show award of the: * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal 2. The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974. 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...
ARMY | BCMR | CY2013 | 20130012791
On 29 June 1976, 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 trail by court-martial. On 1 July 1976, the separation authority approved the applicants request under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an undesirable discharge and reduction to pay grade E-1. On 11 June 1980,...
ARMY | BCMR | CY2013 | 20130012793
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to list his current social security number (SSN) as "457-XX-XXXX." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by entering the SSN that is shown on his social security card in item 30 of his DD Form 214. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2013 | 20130012796
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Service Ribbon and Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart with 1st Oak Leaf Cluster for wounds sustained on 13 July 1968; b. voiding the DD Form 214 and the two DD Forms 215 for the period ending 5 July 1977; c. issuing the...
ARMY | BCMR | CY2013 | 20130012797
The VA, which has neither the authority nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affects the individual's employability. The Army's determination of a Soldier's physical fitness or unfitness is a factual finding based on the individual's ability to perform the duties of his or her grade, rank, or rating. The applicants...
ARMY | BCMR | CY2013 | 20130012800
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows * advancement to private first class on 21 September 1968 * service in Vietnam from 23 September 1968 through 15 September 1969 * assignment in Vietnam to Company D, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade * service during two campaign periods * award of the National Defense Service Medal, Vietnam Service Medal, Combat...
ARMY | BCMR | CY2013 | 20130012802
He recommended the applicant's separation from military service for unsuitability under the provisions of Army Regulation 635-209 (Personnel Separations Discharge Unsuitability). The applicant's DD Form 214 shows he was discharged under honorable conditions from the Regular Army for unsuitability on 6 July 1956 under the provisions of Army Regulation 635-209. Army Regulation 635-209 was superseded subsequent to the applicant's discharge from the Army and thereafter the type of...
ARMY | BCMR | CY2013 | 20130012804
At the time, 3 years was required for award of the Army Good Conduct Medal. This period of 1 year, 2 months, and 5 days qualified for award of the Army Good Conduct Medal provided he had all "excellent" conduct and efficiency ratings and had been recommended by his commander. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Army Good Conduct Medal (1st award) for the period 6 October 1950 to 10...
ARMY | BCMR | CY2013 | 20130012805
It provides that an enlisted member or a warrant officer who is retired with less than 30 years of active service is entitled, when their active service plus their service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which they served on active duty satisfactorily as determined by the Secretary of the Army. By law and regulation, in order to be placed on the Retired List at the highest grade held an enlisted Soldier or a warrant officer...
ARMY | BCMR | CY2013 | 20130012810
Application for correction of military records (with supporting documents provided, if any). The applicant states: * she accrued several unexcused absences which led to her bonus being terminated with recoupment * her chain of command stated she accrued 9 unexcused absences within a one-year period * one of the unexcused absences occurred during a busy graduation week at the St. Louis Police Academy and she was unable to reschedule the drill * she was told she would be excused from absence...
ARMY | BCMR | CY2013 | 20130012812
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. item 8a (Last Duty Assignment and Major Command) to show the 403rd Military Intelligence (MI) Detachment, 500th MI Brigade; b. item 11 (Primary Specialty) to show his military occupational specialty (MOS) as 98Y1S; c. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show two awards of the Presidential Unit Citation; and d....
ARMY | BCMR | CY2013 | 20130012819
All of the documents contained in his military records show his SSN as "XXX-XX-XX9X" which he now claims is incorrect. His records clearly show this SSN on all appropriate documents maintained throughout his military service. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time of preparation and there is insufficient evidence to grant relief in this case.
ARMY | BCMR | CY2013 | 20130012820
The applicant requests correction to the narrative reason for his Reentry (RE) Code from an RE-4 to a more favorable code so he can reenter military service. On 15 September 2005, the applicants immediate commander initiated separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations) for misconduct, commission of a serious offense. The separation authority ultimately approved the separation action in accordance with chapter 14 of...
ARMY | BCMR | CY2013 | 20130012822
He served more honorable time at Fort Dix than other than honorable service. On 23 February 1989, the applicants commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, based on his commission of a serious offense (AWOL). There is no evidence in the available records to show that he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that boards 15-year...
ARMY | BCMR | CY2013 | 20130012827
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Overseas Service Ribbon (OSR) (2nd Award) * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Army Good Conduct Medal (AGCM) * Global War on Terrorism Service Medal (GWOTSM) * North Atlantic Treaty Organization (NATO) Medal 2. The OSR (2nd Award) was not included for completion of a tour in Kosovo. His DD Form 214 shows in: * item 12f (Foreign Service) ...
ARMY | BCMR | CY2013 | 20130012831
On 25 June 2009, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, for misconduct - commission of a serious offense. On 10 July 2009, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct - commission of a serious offense with an under other than...
ARMY | BCMR | CY2013 | 20130012842
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show he was discharged in the rank of specialist (SPC)/pay grade E-4. d. A DD Form 214 (Worksheet) that shows a draft copy of a DD Form 214 was prepared pending the applicant's release from active duty on 6 September 2004 based on completion of required service and shows his rank at the time was SPC (E-4) with a date of rank of 21 June 2002. e. An...
ARMY | BCMR | CY2013 | 20130012843
The applicant provides a DD Form 2656-2, dated 19 January 2007, which shows the FSM elected to terminate the SBP. Section IV (Spouse Concurrence) of this form shows a signature of the applicant's same name concurring with the FSM's election. The ABCMR does not investigate cases, but relies upon the evidence in the FSM's record and that provided by applicants.
ARMY | BCMR | CY2013 | 20130012844
On 17 August 2001, approximately 173 days after the applicant's enlistment, his commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct. The evidence of record confirms the separation action was initiated while he was in entry level status, prior to his completing 180 days of continuous active military service. There is no evidence in the applicant's military records showing that he...
ARMY | BCMR | CY2013 | 20130012846
The applicant states he was awarded the NDSM and CFP/FSP Ribbon; however, they were not included on his DD Form 214 at the time of his release from active duty (REFRAD). He completed 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Global War on Terrorism...
ARMY | BCMR | CY2013 | 20130012848
IN THE CASE OF BOARD DATE: 24 April 2014 DOCKET NUMBER: AR20130012848 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It simply does not make sense to hold the applicant at fault for the administrative errors made in completing the addendum as a newly-commissioned 2LT when more experienced officers who were responsible for officer accessions failed to ensure the Written Agreement OAB Addendum was properly completed. As a result, the Board recommends that all State Army National Guard and...
ARMY | BCMR | CY2013 | 20130012849
Application for correction of military records (with supporting documents provided, if any). The applicant requests: * that the 1998 Selective Retention Board (SRB) be set-aside for non-compliance with controlling regulations * an adjustment of his military technician retired pay from the date of his release at age 48 to age 55 projections (in effect, additional service credit) * promotion to the rank of colonel to place him in equal standing with his peer group at retirement * removal of a...
ARMY | BCMR | CY2013 | 20130012850
A memorandum, undated, contained in the applicant's military personnel file, shows the applicant requested a hardship discharge due to the premature birth of her daughter. It states that the SPD code MDG is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 6-3b(1), by reason of parenthood. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was separated due to hardship, but the specific reason for the...
ARMY | BCMR | CY2013 | 20130012851
IN THE CASE OF: BOARD DATE: 20 March 2014 DOCKET NUMBER: AR20130012851 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant has provided sufficient evidence to show that he was awarded the BSM for meritorious service in Permanent Orders Number 81-042, dated 21 March 2004.
ARMY | BCMR | CY2013 | 20130012854
While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. On 8 April 1971, after consulting with counsel, the applicant requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted...
ARMY | BCMR | CY2013 | 20130012855
Following consultation with legal counsel, he requested discharge for the good of the service in lieu of trial by court-martial in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). On 30 August 1978, the separation authority approved his request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. b. Paragraph 3-7b states a general discharge is a separation from the Army under...
ARMY | BCMR | CY2013 | 20130012865
IN THE CASE OF: BOARD DATE: 17 September 2013 DOCKET NUMBER: AR20130012865 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his effective date of promotion and date of rank (DOR) as a chief warrant officer two (CW2) in the Oregon Army National Guard (ORARNG) from 9 January 2013 to 29 June 2012. On 11 January 2013, the NGB published SO Number 12 AR extending him Federal recognition for promotion to CW2 with an effective date and DOR of 9 January 2013.