ARMY | BCMR | CY2014 | 20140007354
IN THE CASE OF: BOARD DATE: 18 June 2014 DOCKET NUMBER: AR20140007354 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The Commander stated that during two 57 millimeter rocket attacks on COS Warrior the applicant immediately moved to the sound of the blasts and treated those wounded by the shrapnel within 1-2 minutes, unknown if still under rocket fire or not, and long before an all clear sounded. The statements indicate he arrived on the scene after the explosions and performed treatment...
ARMY | BCMR | CY2014 | 20140007355
ARMY | BCMR | CY2014 | 20140007358
Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve the maximum amount of time allowed by such policy or statute; or c. Is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of...
ARMY | BCMR | CY2014 | 20140007360
The applicant provides his DD Form 214, DD Form 47 (Record of Induction), DA Form 20 (Enlisted Qualification Record), DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), and a self-authored statement. The DD Form 214 he was issued at the time shows in: * Item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) the entry PFC (T) and E-3, respectively * Item 6 (Date of Rank) the entry 3 May 68 7. The evidence of record does not support the...
ARMY | BCMR | CY2014 | 20140007364
With MYOS suspended during the mobilization, Removal Rule #2 was used to calculate the ETS date, which is age 60 for enlisted Soldiers thus giving an ETS date of 3 January 2021. e. When he discussed this with Master Sergeant Ixxxx at the U.S. Army Human Resources Command (HRC), he became evasive and stated, "you apply the active duty rules to a mobilized reservist as stated in AR 140-111 (USAR Reenlistment Program), chapter 8." The orders show he was reenlisted and ordered to active duty in...
ARMY | BCMR | CY2014 | 20140007367
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 MH condition during processing through the military disability system. The SRP determined that a mental health diagnosis was not changed to the applicant's possible disadvantage in the disability evaluation.
ARMY | BCMR | CY2014 | 20140007368
After a comprehensive review of the applicants case, the SRP recommended by unanimous vote that the applicant's records should be corrected to reflect that her bipolar disorder condition was found unfitting, compensable, and ratable and was rated at 30 percent upon Temporary Disability Retired List (TDRL) entry with a combined disability rating of 50 percent; and upon final disposition, a permanent rating of 70 percent for the bipolar disorder condition with a combined disability rating of...
ARMY | BCMR | CY2014 | 20140007370
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 MH condition during processing through the military disability system. The SRP determined the applicants MH condition to be not unfitting by the PEB.
ARMY | BCMR | CY2014 | 20140007373
The SRP deliberated whether there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of placement on the TDRL. The pre-TDRL VA examiner's observation that the applicant was near his pre-morbid level of function and the NARSUM's characterization of occupational impairment were also noted. The SRP agreed that the 70 percent rating criteria were not reflected in the evidence, and thus concluded that a rating higher than 50 percent at the time of placement on the...
ARMY | BCMR | CY2014 | 20140007374
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 MH condition during processing through the military disability system. The SRP reviewed the records for evidence of changes in diagnosis of the applicant's MH condition during processing through the military Integrated Disability...
ARMY | BCMR | CY2014 | 20140007375
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2009 to show his home of record (HOR) as listed in item 6 of his DD Form 149 (Application for Correction of Military Record). The DD Form 214 he was issued at the time shows in item 7b (HOR at Time of Entry) the same address shown as the HOR on his DD Form 4 above. There is no authority to change the HOR as officially recorded at time of...
ARMY | BCMR | CY2014 | 20140007380
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Therefore, the SRP determined the record in evidence best supported the 50 percent rating and there...
ARMY | BCMR | CY2014 | 20140007383
After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and separation determination. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRP's charge with respect to the MH conditions referred for review that were determined to be not unfitting is an assessment of the...
ARMY | BCMR | CY2014 | 20140007384
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 MH condition during processing through the military disability system. After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and...
ARMY | BCMR | CY2014 | 20140007388
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 MH condition during processing through the military disability system. After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and...
ARMY | BCMR | CY2014 | 20140007389
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and retirement determination. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during...
ARMY | BCMR | CY2014 | 20140007389
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and retirement determination. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during...
ARMY | BCMR | CY2014 | 20140007393
The applicant requests correction of his record to show his request to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill was approved. It stated: * officers who elected the TEB prior to SERB selection would retain their transfer and not face recoupment if they agreed to serve until the mandatory separation date established by the SERB * officers electing voluntary retirement in lieu of the SERB consideration...
ARMY | BCMR | CY2014 | 20140007393
The applicant requests correction of his record to show his request to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill was approved. It stated: * officers who elected the TEB prior to SERB selection would retain their transfer and not face recoupment if they agreed to serve until the mandatory separation date established by the SERB * officers electing voluntary retirement in lieu of the SERB consideration...
ARMY | BCMR | CY2014 | 20140007399
The applicant requests transfer of education benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The respective dependent must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits. The FSM was eligible to transfer his education benefits under the TEB prior to retirement, but there is no evidence he did so.
ARMY | BCMR | CY2014 | 20140007405
The applicant provides: * 1LT promotion orders * COADOS orders dated 1 February 2007 and 25 January 2008 * transfer orders to the RTI as a TAC officer effective 1 July 2008 * transfer orders from RTI to 260th MI Battalion effective 1 September 2009 * CPT promotion orders * National Guard Bureau (NGB) Form 333 (Discrimination Complaint in the Army and Air Force National Guard), dated 10 December 2009 CONSIDERATION OF EVIDENCE: 1. Although the 5K ASI is required for the duty position, it is...
ARMY | BCMR | CY2014 | 20140007406
The applicant states, in effect, he completed a DD Form 1883 (Survivor Benefit Plan Election Certificate) at the time he received his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). The applicant contends, in effect, that his military records should be corrected to show he elected RCSBP coverage for his spouse within a year of their marriage. In 2003, when he married, he had a 1-year period in which to submit an RCSBP election to provide coverage for his spouse.
ARMY | BCMR | CY2014 | 20140007409
The applicant requests an upgrade of his general discharge to an honorable discharge. The applicant states he was discharged after serving in the Army for 6 years. On 3 July 2008, his immediate commander notified him of his intent to initiate separation action against him for misconduct by commission of a serious offense under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12(c).
ARMY | BCMR | CY2014 | 20140007411
The applicant states: * he has been denied CRSC three times * his injuries are all combat-related * he recently had his DD Form 214 (Certificate of Release or Discharge from Active Duty) corrected to show his actual dates of combat time * he is submitting medical documentation showing he has depression which is directly related to his post-traumatic stress disorder (PTSD) * his leave and earnings statements (LES's) show he received imminent danger pay * his records clearly show he served in...
ARMY | BCMR | CY2014 | 20140007415
The applicant requests adjustment of his date of rank (DOR) for chief warrant officer two (CW2) from 6 February 2013 to 10 August 2012. Having had prior enlisted service in the Maryland ARNG, the applicant was appointed as a warrant officer one (WO1) in the Maryland ARNG on 10 August 2010 and extended Federal recognition as a WO1 effective the date of his initial appointment. Warrant officers must undergo the Federal recognition process and the promotion effective date is when the scroll...
ARMY | BCMR | CY2014 | 20140007418
The appellant requests her Officer Evaluation Report (OER) for the period 1 June 2008 through 20 December 2009 (hereafter referred to as the contested OER) be corrected as follows: * remove all reference to being a referred report * change Army Physical Fitness Test (APFT) to "Pass/20080828" * change Part V (Performance and Potential Evaluation) to "Outstanding Performance, Must Promote" * remove comments in Part V (Performance and Potential Evaluation) concerning her APFT failure * remove...
ARMY | BCMR | CY2014 | 20140007421
Application for correction of military records (with supporting documents provided, if any). The applicant provides an AER dated 9 November 2006. 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.
ARMY | BCMR | CY2014 | 20140007428
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 AR20130010834, on 6 February 2014. The applicant's 1 May 1996 DD Form 4/1 Enlistment/Reenlistment Document shows his home of record as Nashville, Arkansas; however, his DD Form 1966 (Record of Military Processing) lists his Home of Record as Meridian, Texas. As a result, the Board...
ARMY | BCMR | CY2014 | 20140007431
The applicant requests correction of his records to show he elected former spouse coverage under the Survivor Benefit Plan (SBP) within 12 months of his divorce. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. Title 10, U.S. Code, section 1450(f)(3)(A), permits a former spouse...
ARMY | BCMR | CY2014 | 20140007435
The applicant provides copies of his military medical records, separation documents, and VA rating decisions. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) sets forth policies, responsibilities, and procedures in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. c. Chapter 8 (Reserve Component), paragraph 8-6 (Medical Processing), provides: (1) When a...
ARMY | BCMR | CY2014 | 20140007436
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 deleting from his DD Form 214 the current SSN entry and replacing it with the SSN as 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 Correction of Military...
ARMY | BCMR | CY2014 | 20140007439
The applicant requests removal of a general officer memorandum of reprimand (GOMOR), dated 2 August 2013, from his Official Military Personnel File (OMPF). The evidence shows the applicant, a lieutenant colonel, received a GOMOR in August 2013 for making inappropriate comments (sexual harassment) to a female physician assistant and making inappropriate comments regarding a photograph of animal genitalia to female employees of the Warrior Transition Branch. He contends the GOMOR should be...
ARMY | BCMR | CY2014 | 20140007440
On 9 March 1977, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of a discharge under other than honorable conditions. There is no evidence that he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY2014 | 20140007441
The applicant requests, in effect, that the record of her former husband, a former service member (FSM), be corrected to show her as the former spouse beneficiary for the FSM's Survivor Benefit Plan (SBP) benefits. The available records do not show the FSM made a voluntary election to change his SBP election from spouse and child to former spouse coverage within 1 year after their divorce or that the applicant requested a deemed election of former spouse coverage within that same period of...
ARMY | BCMR | CY2014 | 20140007444
He was medically retired in April 1972 in the rank of sergeant (SGT)/E-5 due to wounds sustained in Vietnam which made his continued service impossible. However, the evidence of record shows he held the rank of SGT/E-5 at the time he retired on 19 April 1972. Although he may have been recommended for promotion, there is no evidence which shows he was promoted to SSG by proper authority prior to his retirement on 19 April 1972.
ARMY | BCMR | CY2014 | 20140007447
ARMY | BCMR | CY2014 | 20140007461
On 9 May 1985, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-200 (Enlisted Personnel Separations) for violation of one count of Article 112a, UCMJ and a civil court conviction for the offense of attempted sexual abuse of a minor in the second degree. On 6 September 1985, the separation authority approved the applicant's discharged under the provisions of Army Regulation 635-200, chapter 14, for...
ARMY | BCMR | CY2014 | 20140007463
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * Combat Infantryman Badge (CIB) * Purple Heart 2. There are no general orders in his service personnel records that show he was awarded the Purple Heart. He served as an infantryman in an infantry unit during his service in Vietnam.
ARMY | BCMR | CY2014 | 20140007467
The applicant states that he served three to four months in SWA; however, his DD Form 214 shows only 5 days. 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. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2014 | 20140007469
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. The applicant served on active duty from 6 May 1997 through 30 June 2006. The law requires a member to be on active duty or in the Selected Reserve on or after 1 August 2009 at the time he/she requests the transfer.
ARMY | BCMR | CY2014 | 20140007471
His DD Form 214 further shows his effective date of pay grade as 2013 04 30 (30 April 2013). In the case of an enlisted member retired within 3 years after having been reduced in grade as prescribed in subparagraph 030112.A.1 (as a result of a court-martial sentence) and who was not subsequently promoted to a higher enlisted grade (or appointed to a warrant or commissioned grade), the retired pay base will be computed using the final basic pay rather than the high 36-month average. ...
ARMY | BCMR | CY2014 | 20140007474
The applicant requests payment of a Health Professions Officer Incentive Pay (HPOIP) effective from 17 January to 30 September 2013. She received her dental license on 17 January 2013 and became eligible for the HPOIP contract. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she entered into an HPOIP contract for the period 17 January through 30 September 2013 in a timely manner; b. paying her retroactive...
ARMY | BCMR | CY2014 | 20140007476
At that time she was told that she would have to do an application to this Board to go back to the effective date when the contract should have been initiated, which is 29 July 2013. A review of special pay and finance records indicates she was eligible for the HPOIP contract at $2,500/year payable at $208.33/month effective 29 July 2013, upon graduating from BOLC and issuance of the license. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140007481
Application for correction of military records (with supporting documents provided, if any). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by * awarding him the Combat...
ARMY | BCMR | CY2014 | 20140007484
Application for correction of military records (with supporting documents provided, if any). The applicant's military records contain no medical records showing he was wounded in action or treated for a wound received as a result of enemy action. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a...
ARMY | BCMR | CY2014 | 20140007486
Subsequent to receiving this legal counsel, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. a. On 16 August 2002, the Army Discharge Review Board denied the applicant's request to upgrade his UOTHC. Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.
ARMY | BCMR | CY2014 | 20140007491
IN THE CASE OF: BOARD DATE: 4 December 2014 DOCKET NUMBER: AR20140007491 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she earned one bronze service star instead of two with her Iraq Campaign Medal (ICM). Her record shows she was awarded the Army Achievement Medal (AAM) for meritorious service in support of OIF during the period 28 April - 31 October 2009.
ARMY | BCMR | CY2014 | 20140007492
The applicant served the required ADSO incurred through receipt of this incentive. The reason for debt states: "Recoupment is required for the unearned portion of your enlistment or reenlistment bonus based on your separation code BNC. Records indicate the applicant received a $30,000.00 CSRB on 26 May 2012 which obligated him to a 60-month ADSO.
ARMY | BCMR | CY2014 | 20140007493
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal, Army Achievement Medal (3rd Award), and the Combat Action Badge. It provides that Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing active Federal military service, and are eligible to be awarded the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140007495
The applicant requests, in effect, correction of his records to show he elected Survivor Benefit Plan (SBP) coverage for his spouse within one year of his remarriage. The applicant provides: * DD Form 2656-6, dated 4 April 2014 * Certificate of marriage (Connie), dated 12 February 2013 * Emails to DFAS * Notification of Eligibility for Retired Pay at Age 60 * DD Form 1883 (SBP Election Certificate) * DD Form 2656 (Data for Payment of Retired Personnel), dated 7 July 2008 * National Guard...