ARMY | BCMR | CY2014 | 20140018049
The applicant requests correction of her retirement points and records to show she completed 20 qualifying years of service toward non-regular retirement. Army Regulation 135-180 (Qualifying Service for Retired Pay Non-Regular Service) states in paragraph 2-1 that to be eligible for retired pay an individual does not need to have a military status at the time of application for retired pay, but must have: (1) attained age 60, (2) completed a minimum of 20 years of qualifying service, and...
ARMY | BCMR | CY2014 | 20140018050
She provides: * Self-authored statement * State of Michigan, Military Qualifying Court Order, dated 10 January 2013 * State of Michigan, Divorce Decree, dated 23 June 2011 * DD Form 1883 (Survivor Benefit Plan (SBP) Election Certificate), dated 22 August 1994 * DFAS letter, dated 7 February 2013 * Orders P10-815755, dated 8 October 2008 * DD Form 108 (Application for Retired Pay Benefits), dated 25 February 2008 * AHRC Form 249-2-E (Chronological Statement of Retirement Points), dated 1...
ARMY | BCMR | CY2014 | 20140018059
The applicant states, in effect: * he enlisted in the California Army National Guard (CAARNG) with no prior service in 2006 * his recruiter advised him about the current benefits (e.g. GI Bill, Kicker and SLRP) available for enlisting in military occupational specialty (MOS) 92Y (Unit Supply Specialist), which was considered a critical MOS * being out of school for so long, he only scored a 49 on his AFQT (Armed Forces Qualification Test ); however, he needed a test score of 50 in order to...
ARMY | BCMR | CY2014 | 20140018064
The applicant requests: a. * on 13 September 2011, when his base was attacked by insurgents; he responded properly according to his training * he served two tours in Iraq and 3 tours in Afghanistan; he has a total of 61 months combat time * after the attack he was disrespected by the Awards Committee, the U.S. National Support Element, and the BSG; he believes they ignored the sworn statements which he provided and set the system against him * he believes when all of the facts are weighed...
ARMY | BCMR | CY2014 | 20140018068
Consequently, due to the two concepts involved, an individual's medical condition, although not considered physically unfit for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. Operating under its own policies and regulations, the VA which has neither the authority nor the responsibility for determining medical unfitness for military duty, awards ratings...
ARMY | BCMR | CY2014 | 20140018069
Despite the fact that a PSEB was not authorized, the applicant provided evidence that the recruiter offered a PSEB for a 3-year enlistment in the Regular Army. His records should be corrected to show he submitted an exception to policy to the Army G-1 for payment of this bonus and that his request was timely received, processed, and approved by the Army G-1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the...
ARMY | BCMR | CY2014 | 20140018074
On 10 March 2014, he asked the DASEB to transfer the GOMOR to the restricted file in his OMPF. The board found: * he met the regulatory requirements for transfer of the GOMOR * his record showed continued progress and improved duty performance * he provided supporting statements from his chain of command attesting to his performance and leadership * no new derogatory information had been added to his file * he appeared to make some improvement in accepting responsibility for his actions *...
ARMY | BCMR | CY2014 | 20140018077
The applicant states: * he is not in possession of his complete Army record despite requests for it, but he has submitted all documents in his possession with his request * he has always had the desire to serve in the Army as a chaplain * he enrolled in the ROTC Program at Baptist Bible College, Pennsylvania and executed an Army Senior ROTC Scholarship Cadet Contract to achieve that goal * he understood his obligations under the contract to consist of remaining enrolled as a full-time...
ARMY | BCMR | CY2014 | 20140018078
On 8 January 2014, the VA awarded him service-connected disability compensation for multiple conditions, including PTSD, TBI, migraine, degenerative joint disease (left shoulder and right knee), tinnitus, and other conditions. The presumption of fitness may be overcome when: (a) an illness or injury occurs within the presumptive period that would prevent the Service member from performing further duty if they were not retiring; (b) a serious deterioration of a previously diagnosed...
ARMY | BCMR | CY2014 | 20140018079
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty): * amend the primary military occupational specialty (PMOS) shown in item 11 (Primary Specialty) from 68W3O (Health Care Specialist) to 68W3OM6 (Health Care Specialist with additional skill identifier (ASI) for practical/vocational nurse) * change the years and months shown for his PMOS * remove the entry in item 14 (Military Education) showing attendance at Practical Nurse...
ARMY | BCMR | CY2014 | 20140018080
IN THE CASE OF: BOARD DATE: 7 July 2015 DOCKET NUMBER: AR20140018080 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20f, states per the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Based on the foregoing evidence, his records...
ARMY | BCMR | CY2014 | 20140018082
The applicant requests correction of his retirement orders to show his disability did (instead of did not) result from a combat-related injury. The applicant states: * His Line of Duty (LOD) established that his injuries occurred during deployment to Operation Iraqi Freedom (OIF) from 2005 to 2006 * They occurred in a combat situation and should be considered combat-related and in direct result of armed conflict/war * His retirement orders state that his injuries were not combat-related; he...
ARMY | BCMR | CY2014 | 20140018084
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal or transfer of the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)), dated 8 October 2011; letter of reprimand (LOR), dated 22 October 2011; and referred Officer Evaluation Report (OER) that are filed in the performance section of his Official Military Personnel File (OMPF). On 8 October 2011, while holding the rank of...
ARMY | BCMR | CY2014 | 20140018089
The applicant states: * item 3a of his DD Form 214 shows his rank/pay grade as SP4/E-4 (temporary) * his rank/pay grade at the time of his discharge was SP5/E-5 * he was promoted to SP5/E-5 while serving on active duty 3. The applicant provides: * DD Form 214 * DD Form 256A (Honorable Discharge) from the U.S. Army effective 31 October 1969 CONSIDERATION OF EVIDENCE: 1. The evidence of record shows he held the temporary rank of SP4/E-4 at the time he was released from active duty on 24...
ARMY | BCMR | CY2014 | 20140018090
The applicant's request for correction of his father's military records to reflect participation in a fifth campaign during World War II, the Ardennes-Alsace campaign, and award of the Sharpshooter Marksmanship Qualification Badge with four component bars was carefully considered. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2014 | 20140018091
The applicant requests his under other than honorable conditions discharge be upgraded to a general discharge. In his request for discharge, he acknowledged he understood if the discharge request were approved, he might be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate. A review of his record shows he repeatedly went AWOL and he had almost 8 months of lost time due to being AWOL or in confinement at the time of his discharge.
ARMY | BCMR | CY2014 | 20140018102
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Combat Action Badge, Valorous Unit Award and, in effect, the Iraq Campaign Medal. The applicant was awarded the Combat Action Badge and his unit was awarded the Valorous Unit Award for a period of time that included his service in Iraq. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the...
ARMY | BCMR | CY2014 | 20140018106
The applicant states at the time of his retirement he was not afforded the opportunity to transfer his Post-9/11 GI Bill benefits to his family member. 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. The law requires a...
ARMY | BCMR | CY2014 | 20140018107
The applicant provides, in order of submission: * DA Form 4836, dated 15 April 2007 * page 2 of his NGB Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/ Reenlistment Document Armed Forces of the United States) or DA Form 4836 REB Addendum ARNG of the United States) (14 December 2004) * CAARNG memorandum, dated 19 August 2012, subject: Request for Documentation Supporting Your Incentive(s) * U.S. District Court for the Central District of California Plea Agreement for former CAARNG...
ARMY | BCMR | CY2014 | 20140018113
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 July 2002 to show his overseas deployment to Afghanistan in support of Operation Enduring Freedom from 7 October 2001 to 7 January 2002. Army Forces Central Command, Permanent Orders 130-005, awarding him the CIB for the period 15 September 2001 to 15 December 2001 combined with DFAS records showing he received hostile fire pay/imminent danger pay and combat...
ARMY | BCMR | CY2014 | 20140018114
The applicant provides copies of his Department of Veterans Affairs (VA) Rating Decision, DD Forms 214 (Certificate of Release or Discharge from Active Duty), his last Noncommissioned Officer Evaluation Report, records related to his application for Combat-Related Special Compensation, and VA and service medical records. The Army system requires that the Soldier only be rated as the condition(s) exist(s) at the time of the physical evaluation board hearing. The applicant has failed to show...
ARMY | BCMR | CY2014 | 20140018115
The applicant requests correction of his leave balance and repayment of 2.5 leave days charged after retirement. He had a leave balance of 54 days and earned 5 days (from October to November 2013) for a balance of 59 days. The debt is due to leave he took from 1 October 2013 to 30 November 2013 resulting in a negative leave balance of 2.5 days which includes a non-accrual of 0.5 days.
ARMY | BCMR | CY2014 | 20140018119
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his place of entry into active duty as Fort Sam Houston, TX instead of Muskogee, OK. 2. Its purpose is to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Based on the foregoing, the applicant entered active duty from his residence, Muskogee, OK; therefore, there is no evidence on which to base...
ARMY | BCMR | CY2014 | 20140018121
On 17 December 2005, the separation authority approved the applicants discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of misconduct pattern of misconduct with an under honorable conditions (general) characterization of service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct (pattern of misconduct) with an under...
ARMY | BCMR | CY2014 | 20140018123
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. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140018125
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Bosnia-Herzegovina in support of Operation Joint Guard and any authorized awards associated with this service. The applicant provides: * DD Form 214 * reassignment orders * photograph taken in Bosnia * two DA Forms 638 (Recommendation for Award) CONSIDERATION OF EVIDENCE: 1. The evidence of record shows she participated in Operation Joint Guard in...
ARMY | BCMR | CY2014 | 20140018126
The applicant requests his effective date of promotion to chief warrant officer two (CW2) in the Army National Guard (ARNG) be adjusted from 11 August 2011 to 4 February 2011. Section 512 of Public Law 112-239, dated 2 January 2013, provides for the automatic Federal recognition and promotion of ARNG WOs from the rank/grade of WO1/W-1 to CW2/W-2 when they are being promoted to fill a vacancy in a federally recognized unit in the ARNG, effective as of the date on which that WO has completed...
ARMY | BCMR | CY2014 | 20140018128
The official replied that he had 12 months from the date of marriage to enroll his spouse into SBP, that he could no longer enroll her, and that he would have to wait for the next "SBP Open Enrollment" that is offered every so often. A DFAS official provided, in pertinent part, two letters to the applicant from DFAS, Retired and Annuitant Pay, London, KY, that show: * on 5 July 2012, he was informed that his letter, dated 11 May 2012, was received; however his request for SBP could not be...
ARMY | BCMR | CY2014 | 20140018129
Her records contain a DD Form 1883 (SBP Election Certificate), dated 27 December 2002, which shows she elected option A (Defer elect to decline enrollment and choose at age 60 whether to start SBP participation). Since her spouse concurred with her election not to participate in the SBP in May 2013 and he provided a notarized statement in October 2014 again concurring with her election not to participate in the SBP, it would be equitable to correct her records to show her spouse concurred...
ARMY | BCMR | CY2014 | 20140018130
The applicant requests an upgrade of his under honorable conditions (general) discharge. His immediate commander notified him on 28 June 1996 of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separation Enlisted Personnel), paragraph 14-12c(2), by reason of misconduct abuse of illegal drugs for testing positive for marijuana during a unit urinalysis collection. Although an under other than honorable conditions discharge...
ARMY | BCMR | CY2014 | 20140018132
The evidence of record shows the applicant completed an OAB Addendum and that it was witnessed by a commissioned officer on 6 October 2009. On 12 December 2013, the applicant's request for ETP for the OAB was denied by the Deputy G1, ARNG, due to the fact that the critical skill AOC option could not be validated as an authorized critical skill and the OAB Addendum is missing a signature and date from the service representative. Thus, the available evidence of record fails to support the...
ARMY | BCMR | CY2014 | 20140018134
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Based on his service in Vietnam, he is authorized award of...
ARMY | BCMR | CY2014 | 20140018136
Application for correction of military records (with supporting documents provided, if any). The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The available evidence shows that the applicant is authorized to request and receive a Cold War Recognition Certificate; however, no official medal was ever issued or authorized to accompany this certificate.
ARMY | BCMR | CY2014 | 20140018137
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 September 1970 to show award of the Purple Heart. His DA Form 20 (Enlisted Qualification Record) shows in: * item 40 (Wounds) no injuries or wounds * item 41 (Awards and Decorations) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal with "V" Device * Army...
ARMY | BCMR | CY2014 | 20140018138
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant served on active duty from 4 May 1966 to 24 April 1968. Aside from the entry on his DD Form 214 pertaining to him being an overseas returnee from USARPAC, there is no evidence in his service records and he did not provide any substantiating evidence that shows he served in Vietnam.
ARMY | BCMR | CY2014 | 20140018142
The applicant states he should have been discharged based on being unsuitable for military service with an honorable characterization of service. Counsel requests upgrade of the applicant's undesirable discharge to an honorable discharge. With regard to counsel's claim that the applicant did not receive counseling or an opportunity for rehabilitation, evidence clearly shows the applicant received intensive counseling by his leadership team which failed to produce any change in the...
ARMY | BCMR | CY2014 | 20140018143
Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award. Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his already-awarded Vietnam Service 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 Purple Heart for wounds sustained as a result of hostile action on 3 January 1970; b....
ARMY | BCMR | CY2014 | 20140018144
Application for correction of military records (with supporting documents provided, if any). The applicant states his DD Form 214 shows he served in MOS 94B as a cook; however, he never worked in that MOS. The evidence of record confirms the applicant's primary MOS was 94B2O throughout his period of service, but especially at the time of his separation.
ARMY | BCMR | CY2014 | 20140018145
A statement, dated 29 April 2014, from his wife to the VA. She recounts the applicant's upbringing, their marriage, his military service, and his service in Vietnam. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on...
ARMY | BCMR | CY2014 | 20140018148
On 18 March 2013, the Army Discharge Review Board (ADRB) granted her full relief and she received an honorable discharge and was involuntarily separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5. c. She was recently instructed to resubmit an application to the Army Board for Correction of Military Records and provide a letter from the Defense Finance and Accounting Service (DFAS) showing SPD code JFF does not entitle her to...
ARMY | BCMR | CY2014 | 20140018149
The applicant requests her date of rank (DOR) for promotion to chief warrant officer two (CW2) in the Georgia Army National Guard (GAARNG) be amended to the date she completed the Warrant Officer (WO) Basic Course (WOBC). National Guard Regulation (NGR) 600-101 (WO Federal Recognition and Related Personnel Actions), paragraph 2-10c (in effect at the time) essentially states a Soldier in the rank of MSG may be promoted to CW2 in one of two ways, after first having served in the rank for 2...
ARMY | BCMR | CY2014 | 20140018151
She is requesting that her military record from April 2013, now in a corrected state with her PULHES shown as 111111, be compared to her fellow 2013 officers who were selected for promotion during that board. The applicant provided: a. email from LTC H, in reference to her DEROS, that shows she was attempting to change her ORB PULHES entries prior to the FY13 promotion board; b. email from Doctor T, pertaining to her PULHES entries, indicating her PULHES entries were corrected on 24 June...
ARMY | BCMR | CY2014 | 20140018153
The applicant did not indicate or provide documentation to support the training and board certification requirements as a Nurse Care Manager. DISCUSSION AND CONCLUSIONS: As verified by OTSG, the applicant was eligible for the RNISP in the amount of $416.66 per month while mobilized in AOC 66H and assigned as a Nurse Care Manager, WTB, Fort Stewart, for the period 3 January to 30 September 2013. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140018161
The applicant requests, in effect: a. correction of his military records to show he retired by reason of physical disability in 2008 in lieu of being released from active duty for training or medical retirement from the Army National Guard (ARNG) in 2013; and, b. promotion to sergeant (SGT)/E-5. The applicant provides: * LOD determination * DA Form 2173 (Statement of Medical Examination and Duty Status) * National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) for...
ARMY | BCMR | CY2014 | 20140018165
Thus, the TEB Acknowledgements are not clear because they advise that the election can be modified at any time until educational benefits are exhausted; however, they do not provide information regarding the requirement to transfer at least 1 month of benefits to an eligible dependent upon enrollment. Therefore, as an exception to policy, it would be appropriate in this case to correct the applicant's military records to show he elected to transfer a portion of his benefits to his daughter...
ARMY | BCMR | CY2014 | 20140018173
The applicant requests correction of his records to show his promotion points were updated in time for promotion to staff sergeant (SSG)/E-6. An advisory official recommended denial of the applicant's request and stated: a. HRC Junior Enlisted Promotions records indicate the applicant's military education level and military education status codes were not updated to reflect him as a graduate of all required phases of the ALC until 12 September 2014. The evidence of record shows the...
ARMY | BCMR | CY2014 | 20140018178
His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b (2), by reason of temporary disability. The SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b (2), for temporary disability. The SPD code of "SFK" was the appropriate code for the applicant based on the guidance provided...
ARMY | BCMR | CY2014 | 20140018179
His DD Form 214 does not show he was awarded a service medal based on his service in Korea. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards states that the Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. His records show he served in Korea for approximately one year during the period of eligibility for the KDSM.
ARMY | BCMR | CY2014 | 20140018181
Subsequent to receiving legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted - Personnel), chapter 10 for the good of the service - in lieu of trial by court-martial. On 23 December 1970, the applicant was discharged accordingly. _______ _ __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 | CY2014 | 20140018185
The applicant states he was awarded a second MSM at the time of his retirement that is not reflected on his DD Form 214. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the award of the MSM from his DD Form 214 and adding the MSM (2nd Award).