ARMY | BCMR | CY2014 | 20140021764
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) AR20140021764 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140021764 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2014 | 20140021766
Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the members 60th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. The applicant contends that the FSM's military records should be corrected to show she is eligible to receive an SBP annuity when the FSM...
ARMY | BCMR | CY2014 | 20140021768
Application for correction of military records (with supporting documents provided, if any). The following documents in his official military personnel file show his DOB as 21 December 1942: * DD Form 348 (Driver Qualification Record) * DD Form 398 (Statement of Personal History) * DA Form 20 (Enlisted Qualification Record) * Standard Form 46 (U.S. Government Motor Vehicle Operator Identification Card) 4. It would be appropriate to correct this error by replacing the entry in item 6 of his...
ARMY | BCMR | CY2014 | 20140021771
The applicant requests correction of his military records by showing he was awarded the Purple Heart for wounds received in the Republic of Vietnam (RVN). The applicants service medical records were not available for review. The applicant contends his military records should be corrected to show award of the Purple Heart based on wounds he sustained while in the RVN.
ARMY | BCMR | CY2014 | 20140021772
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 he was awarded the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM). 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...
ARMY | BCMR | CY2014 | AR20130012966
The applicant was discharged on 12 September 2012 for failure to meet military education/qualification requirements per his enlistment contract. On 21 November 2008, he signed a PSEB contract that clearly stated he would be terminated from bonus eligibility if he failed to become DMOSQ within 24 months of his enlistment and terminated with recoupment if he was separated from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of own misconduct. ...
ARMY | BCMR | CY2014 | AR20130017544
HRC Orders A-12-932512, dated 3 December 2009, show the applicant was ordered to 365 days of active duty, in pay grade E-8. The available evidence clearly supports the applicant's contention that he entered active duty on 2 January 2010 and served continuously until 30 September 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 30 September 2012 DD Form 214 to show in * item 12a (Date Entered Active...
ARMY | BCMR | CY2014 | AR20130017934
IN THE CASE OF: BOARD DATE: 13 March 2014 DOCKET NUMBER: AR20130017934 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The SLRP Addendum in: a. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) states in paragraph 2-9 that the ABCMR begins consideration of each case with the presumption of administrative regularity.
ARMY | BCMR | CY2014 | AR20130019437
BOARD DATE: 15 July 2014 DOCKET NUMBER: AR20130019437 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 36 awards of the Air Medal (AM), the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, and campaign participation credit for the 1968 Tet...
ARMY | BCMR | CY2014 | AR20130021519
The applicant requests correction of his record to show he was awarded the Purple Heart for wounds he received in combat in Vietnam. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in: * item 31 (Foreign Service) he served in Vietnam from 27 May 1968 to 11 December 1968 * item 38 (Record of Assignments) - he was assigned to the: * Medical Hold Detachment, U.S. Army Hospital, Camp Zama, from 5 to 10 December 1968 * Medical Hold Company, Letterman General...
ARMY | BCMR | CY2014 | AR20140000345
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. However, his record contains a DD Form 214 that shows on 27 February 1992, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of...
ARMY | BCMR | CY2014 | AR20140001718
The applicant requests that his expiration term of service (ETS) date be changed. This DA Form 2139-E, dated 7 June 2010, with attached Leave and Earnings Statements (LESs) shows DFAS audit details of the applicant's pay account, which showed a new debt at the time of $12,054.43. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by completing an appropriate document showing his ETS date was changed to 25 July 2011 for the...
ARMY | BCMR | CY2014 | AR20140003753
The applicant provides: * Standard Form 88 (Report of Medical Examination), dated 4 August 1980 * Optional Form 275 (Medical Record Report), dated 30 April 1981, pertaining to Silas B. Hays Army Community Hospital Transfer Summary * 2 Standard Forms 519-A (Radiographic Report), dated 2 and 4 May 1981 * Optional Form 275, dated 1 July 1981, pertaining to his MEB * U.S. Army Physical Disability Agency (USPDA) Form 18 (Revised PEB Proceedings) (first page only), dated 10 September 1981 * DA...
ARMY | BCMR | CY2014 | AR20140003877
The applicant requests removal of a Noncommissioned Officer Evaluation Report (NCOER), for the period 1 March 2009 through 28 February 2010, from his Official Military Personnel File (OMPF). b. Paragraph 2-3 states a rating chain is established by the commander, commandant, or leader of an organization and maintained by rating officials to provide the best evaluation of an individual Soldiers performance and potential. These documents are insufficient evidence to support his contention...
ARMY | BCMR | CY2014 | AR20140004020
His DA Form 20 (Enlisted Qualification Record), dated 28 October 1970, shows in: a. item 38 (Record of Assignments), his conduct and efficiency were rated as: (1) "excellent" from 27 May 1968 through 4 March 1971 and contains the entry "GCM" for the last rating period (3 November 1970 4 March 1971) indicating he was specifically rated for the purpose of establishing a period of qualifying service for award of the AGCM (1st award); and (2) "good" from 5 March 1971 through 14 May 1971. b....
ARMY | BCMR | CY2014 | AR20140004166
The applicant requests award of the Army Good Conduct Medal (1st Award). 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. Awarding him the Army Good Conduct Medal (1st Award) for the period from 16 October 1962 to 15 October 1963. b. Amending his DD Form 214 by adding the following awards: * Army...
ARMY | BCMR | CY2014 | AR20140004213
The available records contain no evidence of or reference to PTSD on any mental or emotional issues suggesting the existence of PTSD. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting 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. There is no available evidence that PTSD or...
ARMY | BCMR | CY2014 | AR20140004273
The applicant requests correction of his record to show he was medically retired instead of honorably discharged from active duty. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or...
ARMY | BCMR | CY2014 | AR20140004273
The applicant requests correction of his record to show he was medically retired instead of honorably discharged from active duty. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or...
ARMY | BCMR | CY2014 | AR20140004599
The applicant requests reconsideration of his previous request for an upgrade of his general discharge to an honorable discharge. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Page 53 of Army Regulation 635-200 (Enlisted Personnel Separations) * That portion of his separation packet acknowledgement he was ineligible to apply for enlistment in the Army for 2 years after discharge CONSIDERATION OF EVIDENCE: 1. Army Regulation 601-210 (Active...
ARMY | BCMR | CY2014 | AR20140004666
The applicants DD Form 214 shows: a. he was inducted into the Army of the United States on 19 March 1951; b. he completed the Artillery Leaders course at Camp Chaffee, Arkansas during July September 1951; c. he served in the ROK for a period of 9 months and 12 days (exact dates are unavailable); d. he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal; e. his most significant duty assignment is shown as Headquarters and Headquarters...
ARMY | BCMR | CY2014 | AR20140004782
Although an honorable or general discharge is authorized, an undesirable discharge was normally considered appropriate at the time of the applicants discharge. There is no evidence in the available record, nor has the applicant provided evidence, that shows he was suffering from a disability that existed prior to service at the time of his discharge. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2014 | AR20140004957
The applicant requests relief from recoupment of his Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $10,000. IDARNG, MFR, dated 8 September 2012, shows the Commander, Charlie Company, 116th BSTB, stated: a. IDARNG unit officials received an email from the G1, Education and Incentives, dated 21 August 2012, asking if the applicant had reenlisted within the 30-day limit after his return from the ING; b. after contacting the applicant, it was identified he did not sign an...
ARMY | BCMR | CY2014 | AR20140004957
The applicant requests relief from recoupment of his Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $10,000. IDARNG, MFR, dated 8 September 2012, shows the Commander, Charlie Company, 116th BSTB, stated: a. IDARNG unit officials received an email from the G1, Education and Incentives, dated 21 August 2012, asking if the applicant had reenlisted within the 30-day limit after his return from the ING; b. after contacting the applicant, it was identified he did not sign an...
ARMY | BCMR | CY2014 | AR20140005408
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Silver Star, Bronze Star Medal, Air Medal, Presidential Unit Citation, Basic Parachutist Badge, and Combat Infantryman Badge. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 23 January 1968 to 2 September 1969 and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all...
ARMY | BCMR | CY2014 | AR20140005417
The applicant provides: * NGB Form 62E (Application for Federal Recognition as an Army National Guard (ARNG) Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), dated 1 November 2010 * NGB Form 89, dated 20 January 2011 * NGB PPOM 11-045, dated 26 July 2011, subject: Guidance Concerning Applications for Federal Recognition of Warrant Officers * DA Form 71 (Oath of Office Military Personnel), dated 24...
ARMY | BCMR | CY2014 | AR20140005729
On 1 April 2014, new information was received from the applicant regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120009942, dated 28 March 2013. The Board determined the evidence presented is sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number AR20120009942, dated 28 March 2012, to show the applicant is entitled to the full 2010 retention bonus in the amount of $15,000.00 or any other amount she...
ARMY | BCMR | CY2014 | AR20140006008
On 24 January 2012, the CAARNG State Surgeon's Office issued the applicant an updated physical profile rating of T3 under the P factor. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a member is unfit because of physical disability to perform the duties of his or her office, grade, rank, or rating. The...
ARMY | BCMR | CY2014 | AR20140006210
The applicant submitted a request for an upgrade of his award of the DFC to the Medal of Honor. d. A letter, dated 5 October 2011, wherein a Member of Congress requested the Secretary of the Army personally review a case involving a constituent who clearly met the Army's criteria for being awarded the Medal of Honor for his brave actions that save Soldiers' lives during intense combat in South Vietnam in May 1967. e. A letter, dated 3 January 2012, wherein the Secretary of the Army advised...
ARMY | BCMR | CY2014 | AR20140006304
An advisory opinion was obtained in the processing of this case from the Chief, Personnel Policy Division, National Guard Bureau (NGB). The evidence of record shows she was in a promotable status on 3 May 2011 when she was retired and placed on the Retired List. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by publishing orders promoting her to the retired rank/pay grade of SGM/E-9 with a date of rank and effective date...
ARMY | BCMR | CY2014 | AR20140006490
Following consultation with legal counsel, he 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. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he was discharged under the provisions of chapter 10 of Army Regulation 635-200, for the good of the service - in lieu of trial by a...
ARMY | BCMR | CY2014 | AR20140006871
The applicant requests correction of item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN instead of his temporary identification number (TIN). The TIN the applicant was issued at the time of induction is shown on almost every document contained in his Official Military Personnel File requiring the use of his SSN. The evidence of record shows at the time of his induction, he was issued a TIN which was...
ARMY | BCMR | CY2014 | AR20140006914
The applicant provides his statement via a memorandum for record (MFR), subject: Request for Exception to Policy to be Granted for Payment of the Active First Enlistment Bonus for [Applicant], dated 20 December 2012. The Guard Annex (Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment), Section III (Explanation to Applicant) shows in paragraph 1, in pertinent part, that: * he would serve in the ARNG from the time of his accession into the ARNG through...
ARMY | BCMR | CY2014 | AR20140007004
The applicant requests an upgrade of his discharge under other than honorable conditions to an honorable or a general discharge. The available evidence does not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge. The fact that he was 20 years old and that it has been 28 years since his discharge are not sufficiently mitigating to warrant the requested relief.
ARMY | BCMR | CY2014 | AR20140007332
The applicant requests correction of his military records to show his retired pay grade as O-3E vice O-3 2. He enlisted in the U.S. Army Reserve (USAR) on 27 February 1979, then served in the Army National Guard for a couple of years. However, he effectively "traded-in" the enlisted service time that qualified him for that pay grade.
ARMY | BCMR | CY2014 | AR20140007381
The applicant requests that her general discharge (GD) be upgraded to an honorable discharge (HD). On 31 August 1989, the separation authority approved the applicant's separation action under the provisions of Army Regulation 635-200, paragraph 14-12a, with issuance of a GD. Her overall record of service was considered and resulted in the issuance of a GD instead of the UOTHC discharge that is normally appropriate for members separated for misconduct.
ARMY | BCMR | CY2014 | AR20140007381
The applicant requests that her general discharge (GD) be upgraded to an honorable discharge (HD). On 31 August 1989, the separation authority approved the applicant's separation action under the provisions of Army Regulation 635-200, paragraph 14-12a, with issuance of a GD. Her overall record of service was considered and resulted in the issuance of a GD instead of the UOTHC discharge that is normally appropriate for members separated for misconduct.
ARMY | BCMR | CY2014 | AR20140007503
It defines combat-related disability as a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that is attributable to an injury for which the member was awarded the Purple Heart; or was incurred (as determined under criteria prescribed by the Secretary of Defense): (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; or (4) through an instrumentality of...
ARMY | BCMR | CY2014 | AR20140007622
When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record. The evidence does not support her request for correction of her record to show she was discharged due to the medical condition of depression. While all requirements of law and regulations, then in effect, were met and the rights of the applicant were fully protected throughout the separation process, the Brotzman...
ARMY | BCMR | CY2014 | AR20140007672
The DFAS provided multiple documents among which was: * copy of the applicant's deemed election request for former spouse coverage, which was submitted within 1 year after the divorce * counsel's reinforcement of the applicant's deemed election request * applicant's and FSM's divorce decree * FSM's Death Certificate showing he died on 9 February 2014 * applicant's Death Certificate showing she died on 1 June 2014 * DFAS' denial of benefits letter to the FSM's widow * widow's Marriage...
ARMY | BCMR | CY2014 | AR20140007784
(1) An entry dated 12 December 1963 documents a right shoulder injury incurred in August 1963 that resulted in a painful shoulder with limited motion. A Statement of Hospitalization, dated 27 January 1964, shows he was hospitalized from 13 through 27 January 1964. c. A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 27 January 1964, contains a partially-legible entry showing he was diagnosed with arthritis, right acromio-clavicular joint, "due to old [illegible] in July 63." ...
ARMY | BCMR | CY2014 | AR20140007822
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as corporal (CPL) instead of specialist four (SP4). An acting NCO appointed under these provisions had all of the authority of a regularly appointed NCO of the same grade. c. Review of the regulation failed to reveal any provisions authorizing the "automatic" lateral transfer of an acting NCO by reason of time served as an acting NCO.
ARMY | BCMR | CY2014 | AR20140007847
A review of the applicant's military personnel record failed to reveal a DD Form 458 (Charge Sheet) or a complete copy of the applicant's request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 (Discharge for the Good of the Service in lieu of trial by court-martial). On 13 December 1971, the separation authority approved the applicant's request for discharge, ordered his reduction to the rank of private (E-1), and...
ARMY | BCMR | CY2014 | AR20140007851
The applicant requests correction of his records to show his education benefits were transferred to his eligible dependents in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. A service member is considered to be retirement eligible if he or she has completed 20 years of active service or 20 qualifying years of Reserve service. Evidence shows he served for a qualifying period, was eligible to complete, and could have completed the TEB action...
ARMY | BCMR | CY2014 | AR20140007921
The applicant requests upgrade of his characterization of service and correction of his date of discharge. His DD Form 214 shows he had 1 year, 5 months, and 13 days of creditable active service, 77 days of lost time, and a reentry eligibility (RE) code of 4. b. Paragraph 3-7b states that a general discharge (GD) is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge; and c. Chapter...
ARMY | BCMR | CY2014 | AR20140008067
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, to have her DD Form 214 corrected to show her period of service was from 18 August 1999 through 23 March 2008. The evidence shows she completed her ADT from 18 August - 9 December 1999 and she continued to serve in the USAR until she was discharged on 23 March 2008; however, only active duty periods of service are recorded on the DD Form 214.
ARMY | BCMR | CY2014 | AR20140008103
On 2 October 1973, his company commander notified him he was initiating action to separate him for unfitness under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 13-5a(1). There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. Based on his extensive record of indiscipline, the applicant's service clearly did not meet the standards...
ARMY | BCMR | CY2014 | AR20140008134
The applicant states: * the FSM falsified his DD Form 1883 (Survivor Benefit Plan Election Certificate) to reflect that he was not married * she was not afforded the opportunity to be notified of his election and was denied her entitlements * the FSM was eligible for full retirement * she and the FSM were married on 25 April 1986 and never divorced or legally separated * the FSM signed the DD Form 1883 on 7 December 1996 3. The applicant and the FSM were married on 25 April 1986. The FSM...
ARMY | BCMR | CY2014 | AR20140008153
The applicant states: * he would like his DD Form 214 to show all three of his deployments * his DD Form 214 only shows his second deployment to Iraq from 17 June 2004 to 18 June 2005 3. There is no evidence of record showing he deployed a third time. Since there is no evidence of record and the applicant did not provide any evidence showing he deployed a third time, there is insufficient evidence on which to add a third deployment to his DD Form 214.
ARMY | BCMR | CY2014 | AR20140008162
The applicant requests, in duplicate applications, an upgrade of his general discharge to an honorable discharge. On 25 August 1980, the Army Discharge Review Board upgraded the applicant's discharge from undesirable to general under honorable conditions. Although an honorable or general discharge is authorized, an undesirable discharge was normally considered appropriate at the time of the applicants discharge.