ARMY | BCMR | CY2014 | 20140019006
Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (FLAG)) does not state that a flagged Soldier cannot be given a notice of QMP and he was not under any process for separation at that time. The applicant provides: * four self-authored pages with his application addressing his contentions * a memorandum from Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss (USAADACENFB), dated 14 September 1998, subject: Request for Retirement * a memorandum from the Staff...
ARMY | BCMR | CY2014 | 20140019008
The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. A rating is not assigned until the PEB determines the Soldier is physically unfit for duty. The VA is not required to find unfitness for duty.
ARMY | BCMR | CY2014 | 20140019009
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. 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,...
ARMY | BCMR | CY2014 | 20140019010
His commander notified him on 16 April 1996 that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 11, due to entry level performance and conduct. The separation authority waived further rehabilitative efforts and directed he be discharged with an entry level separation and an uncharacterized characterization of service. _____________x_____________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2014 | 20140019021
On 30 October 2014, new information was received from the applicant regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130017878, dated 8 July 2014. At the time of the ABCMR decision in Docket Number AR20130017878, dated 8 July 2013, it was the intent of the Board to make the FSM's records as administratively correct as they should have been at the proper time. The ABCMR's decision in Docket Number AR20130017878 shows the Board...
ARMY | BCMR | CY2014 | 20140019022
The Board should look at each MMRB's (findings) and the Board will see limitations. He has been told that initially the Board had his records when the Board denied him the first time and he asked for reconsideration and someone said the Board could not get his military records from NARA and to wait 90 days (for information the Board said you based the first decision on). The PEB rated his only unfitting condition of bilateral plantar fasciitis at 20 percent disabling.
ARMY | BCMR | CY2014 | 20140019023
IN THE CASE OF: BOARD DATE: 25 June 2015 DOCKET NUMBER: AR20140019023 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds sustained in action in the Republic of Vietnam on 26 June 1971 * deleting the Vietnam Service Medal with one bronze...
ARMY | BCMR | CY2014 | 20140019024
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 year of birth (YOB) as 1939 instead of 1959. _______ _ __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 | 20140019028
The applicant requests an upgrade of his under other than honorable conditions discharge. However, his records contain a DD Form 214 that shows he was discharged on 1 March 1971 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial with an under other than honorable conditions character of service. However, his record contains a DD Form 214 that shows he was discharged under other than honorable conditions in lieu of trial by court-martial on 1...
ARMY | BCMR | CY2014 | 20140019034
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * he served in Vietnam from 8 November 1968 to 12 September 1969 * he received a second award of the Bronze Star Medal * he qualified with the M-16 rifle and, in effect, was awarded a marksmanship badge 2. His DD Form 214 shows, in part, he was awarded/authorized the Bronze Star Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). The...
ARMY | BCMR | CY2014 | 20140019037
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Iraq from 29 October 2003 to 27 February 2004. 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. Based on her service in Kuwait/Iraq in support of OEF/OIF from...
ARMY | BCMR | CY2014 | 20140019038
His records show he consistently used xxx-x7-2160 as his SSN throughout his period of military service. Based on the social security card from the Social Security Administration, his SSN is currently xxx-x1-0154; however, it is not the SSN he used when he served on active duty, and this does not change the conditions and circumstances that existed at the time his service records were created. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2014 | 20140019041
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. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior,...
ARMY | BCMR | CY2014 | 20140019042
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. After due deliberation in consideration of VASRD Section 4.3, the SRP concluded there was insufficient cause to recommend a change in the PEB...
ARMY | BCMR | CY2014 | 20140019044
After completing 4 years of net active service this period, he was honorably discharged on 19 March 2000, upon completion of his required active service. The applicant has provided no evidence showing that the National Defense Service Medal is improperly listed on his DD Form 214. _______ _ 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 | 20140019047
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of: * Purple Heart (2nd Award) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * all Service Ribbons for which he is eligible, to include the Overseas Service Ribbon * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The requirements for award of the Combat Infantryman Badge are: *...
ARMY | BCMR | CY2014 | 20140019049
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show in item 9d (Effective Date) the date of "27 April 1975" instead of "7 March 1975." Special Orders (SO) Number 065, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA on 6 March 1975, honorably discharged him under the authority of Army Regulation 635-200...
ARMY | BCMR | CY2014 | 20140019052
Application for correction of military records (with supporting documents provided, if any). The available evidence of record shows that the applicant served in USARPAC from 13 September 1963 to 2 October 1964 and from 25 September 1965 to 18 January 1966, totaling a combined period of 1 year, 4 months, and 14 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 24c of his DD Form 214: USARPAC, 1 year, 4...
ARMY | BCMR | CY2014 | 20140019055
The applicant requests, in effect, reconsideration of his two earlier requests: * to have his name removed from a Criminal Investigation Division (CID) report of investigation (ROI) * to upgrade his under other than honorable conditions discharge 2. 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,...
ARMY | BCMR | CY2014 | 20140019061
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 applications from former service members administratively discharged UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a...
ARMY | BCMR | CY2014 | 20140019064
The applicant states he was awarded the ARCOM for service during the period 3 May 1990 to 23 April 1992 but the award is not shown on his DD Form 214. His DD Form 214 does not show the ARCOM or the AGCM as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the SWASM with two bronze service stars and KLM from his DD Form 214; b. awarding him the AGCM (1st Award) for the period 10 October 1989...
ARMY | BCMR | CY2014 | 20140019066
In an electronic mail (email) message to a United States Senator, the applicant requests reconsideration for correction of Part Va (Performance and Potential Evaluation (Rater)) of his DA Form 67-9 (Officer Evaluation Report (OER)) for the period 11 December 2008 through 15 July 2009 (henceforth referred to as the subject OER) to show the rater marked the "Outstanding Performance, Must Promote" box rather than the "Satisfactory Performance, Promote" box. The applicant states that his rater,...
ARMY | BCMR | CY2014 | 20140019067
In the original consideration of his case that occurred on 24 February 2000, the applicant submitted a medical statement indicating he had sustained an ear injury in October 1968 and in July 1999, officials from the Army's Personnel Command informed him that he was not authorized an award of the Purple Heart because his injury was considered accidental. Creditable witness statements indicate he received injuries from an enemy act (being blown off an APC due to a landmine explosion). As a...
ARMY | BCMR | CY2014 | 20140019072
He also requests the issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to update his military records. The applicant states his last name was incorrectly spelled on his DD Form 214. Prior to his induction in the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History), wherein he listed "Gxxxexxx" as the spelling of his last name and he authenticated this form with his signature using the...
ARMY | BCMR | CY2014 | 20140019074
A letter from DFAS to the applicant, dated 22 September 2014, stated an adjustment was made to the SBP portion of his retired pay account. The applicant provides: a. A death certificate showing the death of his former spouse on 30 August 2014. c. Letter from DFAS which essentially states: * this was a response to the applicant's inquiry regarding the election of SBP for his current spouse * DFAS was unable to process the applicant's request because the laws governing SBP did not permit...
ARMY | BCMR | CY2014 | 20140019075
If necessary, he can submit copies of both documents again to show he was twice awarded the AAM while in Iraq. The original Record of Proceedings (ROP) shows that the Board considered the applicants request to show two awards of the AAM on his DD Form 214. The applicant contends that his DD Form 214 should be corrected by showing he was awarded the AAM with OLC.
ARMY | BCMR | CY2014 | 20140019076
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 7 November 2006 to add the following award and military training: * Combat Action Badge * Test Equipment Maintenance * Petroleum Specialist * Signal Support Systems Specialist * Reserve Component Primary Leadership Development Course (RC-PLDC) 2. The applicant...
ARMY | BCMR | CY2014 | 20140019078
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's military records to show her as his spouse with eligibility to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity. In view of the above, and as a matter of equity, the applicant's request should be granted by showing the FSM was issued a 15-Year letter prior to his death and that he had made an RCSBP election for immediate coverage for his spouse and paying the applicant an...
ARMY | BCMR | CY2014 | 20140019079
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. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his SSN consistently appears as X36-X8-XXXX. All of the documents in his records show he used SSN X36-X8-XXXX...
ARMY | BCMR | CY2014 | 20140019081
The applicant's record contains numerous documents that show he was involved in an aviation accident on 10 February 1969, in which the CH-47 Chinook helicopter he co-piloted crashed while he and fellow crewmembers were conducting resupply operations at Firebase Erskine. Documentation and witnesses indicate enemy ground fire caused the crash of the CH-47 Chinook helicopter on 10 February 1969, which wounded the entire crew and killed 3 Marines. The evidence of record does not support the...
ARMY | BCMR | CY2014 | 20140019087
Counsel requests the following: * reinstatement of the applicant in the U.S. Army in pay grade E-2 effective 28 December 2007 * immediate promotion to pay grade E-3 * full back pay and allowances from the date of separation to the present * in the alternative, counsel requests the following: * an upgrade of the applicant's general discharge to an honorable discharge * a change to the following items of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item...
ARMY | BCMR | CY2014 | 20140019088
Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired. There is no evidence in his records and he provides...
ARMY | BCMR | CY2014 | 20140019089
A review of his Official Military Personnel File (OMPF) shows the six immediate OERs before his first contested OER as a battalion commander were ACOM reports (two as a lieutenant colonel and four as a major) and he received two COM reports and two ACOM reports since receiving his last OER as a battalion commander. The ABCMR erred in its initial findings: * that he was contesting OERs four years after the fact; he maintains he did not recognize retaliation had taken place until allegations...
ARMY | BCMR | CY2014 | 20140019091
The applicant requests a change of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The fact that a civilian medical provider indicates that he found the applicant fit for military service is insufficient as a basis for changing his RE code and/or authorizing the applicant reentry into the U.S. Armed Forces. The evidence of record shows the applicant was found physically unfit for continued military service based on a disability...
ARMY | BCMR | CY2014 | 20140019092
The applicant requests correction of her military records to show she elected not to participate in the Reserve Component Survivor Benefit Plan (RCSBP). Her 20-year letter stated no such default option and she does not want insurance premiums taken from her retired pay. The evidence of record shows she received her 20-year letter in March 2001.
ARMY | BCMR | CY2014 | 20140019093
The applicant states: * he was promoted to sergeant first class (SFC)/E-7 on 5 May 1983 * he waited more than 10 years for his promotion to MSG/E-8 due to budget cuts in the Army * he was selected for promotion to MSG/E-8 by a board of officers on 1 October 1993 * he was denied this promotion when out-processing 3. There is no evidence of record and he did not provide any evidence showing he was selected for promotion to MSG/E-8 or that he was promoted to MSG/E-8 prior to his retirement on...
ARMY | BCMR | CY2014 | 20140019098
He provides: * Permanent Order 061-10, dated 2 March 2009, awarding him the basic EOD Badge * Permanent Orders 037-03, dated 6 February 2012, awarding him the Senior EOD Badge * Orders 272-003, dated 28 September 2012, promoting him to SSG/E-6 * DA Form 4187 (Personnel Action), dated 7 May 2013 * DA Form 4187-1-R (Personnel Action Form Addendum) * Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement) for the month of February 2013 * Leave and...
ARMY | BCMR | CY2014 | 20140019099
Her records located on the iPERMS also contain and the applicant also provided copies of the following documents pertaining to Hxxxxxx A. Dane: * DA Form 4856, dated 5 June 2005, pertaining to an ELS and chapter 11 separation * FLW Form 576, dated 7 June 2005, requesting an ELS versus a medical board * four DA Forms 4856-E, each dated 7 June 2005, pertaining to ELS counseling and separation under Army Regulation 635-200, chapter 11 * Chapter 11, ELS memorandum, dated 9 June 2005,...
ARMY | BCMR | CY2014 | 20140019100
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-X4-XXXX" instead of "XXX-X2-XXXX." The applicant's record contains a DD Form 398 and a DA Form 41 that shows his SSN as "XXX-X4-XXXX," as it is shown on his social security card. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2014 | 20140019101
On 6 March 2006, the applicant completed an NGB Form 600-7-5-R-E wherein he requested eligibility for the SLRP. The applicant requests correction of his military records to show he was eligible for the SLRP during his enlistment in the WVARNG. As a result, the Board recommends that all Department of the Army records and State Army National Guard of the individual concerned be corrected by: a. showing he properly and timely completed his enlistment contract, to include the addendum for the...
ARMY | BCMR | CY2014 | 20140019103
His WD AGO Form 24A (Service Record) shows the following entries in applicable sections: * Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service) shows he served in Korea as follows: * Heavy Mortar Company, 24th Infantry Regiment, 1 May 1951 to 29 September 1951 * Company G, 5th Cavalry Regiment, 30 September to 9 November 1951 * 343rd General Hospital, 10 November 1951 to 3 December 1951 * Camp Drake, Japan, 4 to 14 December 1951 *...
ARMY | BCMR | CY2014 | 20140019104
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Disability Evaluation System. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicants separation rating of 10...
ARMY | BCMR | CY2014 | 20140019108
On 10 April 1968, the applicant's immediate commander forwarded the applicant a letter notifying him of his intent to initiate separation action against him in accordance with Army Regulation 635-206 (Personnel Separations Discharge Misconduct (Fraudulent Entry, Conviction by Civil Court, and Absence Without Leave or Desertion)) by reason of conviction by a civil court with an Undesirable Discharge Certificate. On 28 June 1968, his commander initiated separation action against him under...
ARMY | BCMR | CY2014 | 20140019109
She was considered for promotion to LTC by the FY12 LTC JAGC PSB and was not selected for promotion. With her request to HRC, she submitted 16 statements of support, wherein, in part, her instructor, senior rater, several COLs, LTCs, other officers, noncommissioned officers (NCO), and a general officer, all stated, they supported her request for an SSB, she stood out from her peers, she was an officer and attorney of the highest caliber, and she should be promoted to LTC. Notwithstanding...
ARMY | BCMR | CY2014 | 20140019110
The applicant requests all the awards his unit, B Battery, 1st Battalion, 77th Field Artillery, earned during Operation Enduring Freedom (OEF) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant contends his DD Form 214 doesn't reflect the awards he earned while assigned to B Battery, 1st Battalion, 77th Field Artillery. In view of the above, there is insufficient evidence to add any additional awards to the applicant's DD Form 214 with a...
ARMY | BCMR | CY2014 | 20140019111
His record does not contain orders for the Army Commendation Medal (1st or 2nd Awards). His record does not include orders awarding him the Army Commendation Medal (1st and 2nd Awards). 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 Medal (1st Award) for the period 15 July 1969 through 14 July 1971; and b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding...
ARMY | BCMR | CY2014 | 20140019112
The applicant requests: * An upgrade of his under other than honorable conditions discharge * Restoration of his rank/pay grade to specialist (SPC)/E-4 * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the 91C course * A personal hearing 2. The applicant provides: * DD Form 214 ending on 19 March 1997 * DA Form 458 (Charge Sheet) * DA Form 4856 (General Counseling Form) * Statement from a sergeant * Printout regarding variable...
ARMY | BCMR | CY2014 | 20140019113
The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge. He states in a personal letter to the Board: a. In his request for discharge he indicated he understood that by requesting discharge, he was admitting guilt to the charge against him or of a lesser included offense that also authorized the imposition of a discharge under other than honorable conditions.
ARMY | BCMR | CY2014 | 20140019115
The applicant requests: * his five deployments as a Department of the Army (DA) civilian be recognized as active duty military service * the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) and/or DD Form 215 (Correction to DD Form 214) reflecting his service and all associated awards and decorations 2. Organization clothing and individual equipment will be issued to EE personnel and other civilians who may be deployed in support of military operations. The...
ARMY | BCMR | CY2014 | 20140019117
His spouse, having been fully informed and counseled concerning the options available under the SBP for a survivor annuity, signed a separate form on 29 May 2006, indicating her concurrence with his election not to participate in the SBP. At the time of this election, the law required a spouse concurrence when a married member does not elect full coverage or elects to decline coverage. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...