ARMY | BCMR | CY2015 | 20150010229
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests that the Board recognize that the Board of Inquiry (BOI) was a more superior fact finding vehicle than the Army Regulation (AR) 15-6 investigation and the resulting referred OER and General Officer Memorandum of Reprimand (GOMOR) and grant his request for the removal of the OER covering the period 3 May 2012 to 11 July 2012 from the applicants Official Military Personnel File (OMPF). After reviewing all of the evidence and...
ARMY | BCMR | CY2015 | 20150010293
After his AIP did not start he was told he had to submit a DA Form 4187 (Personnel Action) to stop family separation pay (FSP) and start AIP. The applicant provides: * memorandum, subject: Retroactive AIP Program Korea for Fiscal Year 2013, issued by Delta Troop, 4th Squadron, 7th Cavalry, dated 29 May 2015 * orders * memorandum, subject: Family Travel/Command Sponsorship Approval for (Applicant) issued by U.S. Army Installation Management Command Pacific, Unit Number 15742, dated 26 March...
ARMY | BCMR | CY2015 | 20150010351
The applicant provides: * Memorandum, subject: Request for ETP for SLRP [Applicant], dated 8 March 2015 * DD Form 1966 (Record of Military Processing - Armed Forces of the United States) * National Guard Bureau (NGB) Form 600-7-5-R-E (SLRP Addendum - ARNG of the United States) CONSIDERATION OF EVIDENCE: 1. The NGB stated he could file a claim with the Army Board for Correction of Military Records (ABCMR) if he believed an error or injustice still existed. It appears the NVARNG requested...
ARMY | BCMR | CY2015 | 20150010420
A review of the applicant's military personnel records failed to reveal evidence of * any adverse or derogatory information related to insulting/anti-Semitic comments by his raters/indorsers/reviewers/commanders * an erroneously reported/charged period of leave * being officially recommended for or * promoted to CPT * awarded the * Legion of Merit * Bronze Star Medal * Order of Merit * award of any individual foreign decoration 17. There is no evidence of record that shows he was...
ARMY | BCMR | CY2015 | 20150010441
The applicant requests, in effect, correction of his record to show award of the Bronze Star Medal instead of the Meritorious Service Medal (3rd Award). The applicant provides: * DA Form 638 (Recommendation for Award) * Meritorious Service Medal Certificate * extracts of Army Regulation 600-8-22, dated 11 December 2006 CONSIDERATION OF EVIDENCE: 1. The applicant's request for correction of his award of the Meritorious Service Medal (3rd Award) to a Bronze Star Medal was carefully considered.
ARMY | BCMR | CY2015 | 20150010445
Under this program, a DA Form 4187 was not a requirement indicated in the message; rather, it stated the AIP was effective on the date of arrival to the assignment. c. A DA Form 4187, dated 14 April 2015, wherein he requested CSP incentive pay effective 14 February 2014. The three categories of assignments eligible for this program are: * Soldiers who volunteer for a 36-month initial assignment to Pyeongtaek, Osan, Daegu, Chinhae, or Seoul; agreements for this category become effective on...
ARMY | BCMR | CY2015 | 20150010447
The applicant requests a prorated annual Medical Additional Special Pay (MASP) contract in the amount of $15,000/year for the period 7 February 2014 through 1 July 2015, starting with the effective date of his medical license and ending upon entering his residency program. The license or waiver must be maintained during the period of the MASP agreement to eligibility. DISCUSSION AND CONCLUSIONS: The available evidence clearly shows he was authorized to enter into an agreement for MASP...
ARMY | BCMR | CY2015 | 20150010474
The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP). 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 available records show that the diagnoses of mood disorder due to general medical condition (Huntington's Disease...
ARMY | BCMR | CY2015 | 20150010483
The PDBR SRP conducted a comprehensive review of the applicant's 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 Disability Evaluation System (DES). After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there...
ARMY | BCMR | CY2015 | 20150010485
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 Disability Evaluation System (DES). The SRP acknowledged the C&P examiners assessment and diagnosis of major depressive disorder (MDD);...
ARMY | BCMR | CY2015 | 20150010489
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 an MH condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of an MH condition during processing through the Disability Evaluation System...
ARMY | BCMR | CY2015 | 20150010509
He was honorably released from active service on 28 October 2008. This will ensure that the rating chain and the rated NCO are informed of the completed report and may allow for a possible request for a Commanders Inquiry or appeal if desired. There is insufficient evidence that shows the contested report contains any administrative or substantive deficiencies or inaccuracies or that it was not prepared in compliance with applicable regulations and policies, other than that portion the...
ARMY | BCMR | CY2015 | 20150010645
Application for correction of military records (with supporting documents provided, if any). The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of unfitting post-traumatic stress disorder (PTSD) was supported by the evidence and application of the...
ARMY | BCMR | CY2015 | 20150010647
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 Disability Evaluation System (DES). ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2015 | 20150010693
IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150010693 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his military records by showing he is authorized to receive Assignment Incentive Pay (AIP) for his assignment in the Republic of Korea (ROK) from 31 August 2013 through 16 July 2015. The applicant contends that his military records should be corrected by showing he is authorized to receive AIP for his assignment in the ROK...
ARMY | BCMR | CY2015 | 20150010709
The appellant requests that a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) be removed from the restricted portion of his Official Military Personnel File (OMPF). Army Regulation 27-10 (Military Justice) states that enlisted Soldiers in the rank of sergeant or above, and commissioned officers may request the transfer of a DA Form 2627 from the performance section to the restricted section of their OMPF. Thus, the evidence of record does not...
ARMY | BCMR | CY2015 | 20150010710
The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an 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 next considered the VASRD section 4.130 rating to determine if the evidence...
ARMY | BCMR | CY2015 | 20150010713
The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an 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 separation determination. After due deliberation in consideration of the preponderance of the evidence, the Board...
ARMY | BCMR | CY2015 | 20150010716
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 applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. The memorandum dated 17 July 2009 states as a matter of policy, the Physical Disability Board of Review will apply VASRD Section 4.129 to PTSD unfitting...
ARMY | BCMR | CY2015 | 20150010723
The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during processing through the Disability Evaluation System. The SRP noted the Department of Veterans Affairs (VA) diagnosis of depression due to general medical condition, which is a...
ARMY | BCMR | CY2015 | 20150010726
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. Additionally, the SRP recommends no change to the Physical Evaluation Board (PEB) adjudication of the permanent retirement rating of 30 percent for the unfitting MH condition. The SRP unanimously agreed that this record supported a permanent PTSD rating of 30 percent but no higher at TDRL removal.
ARMY | BCMR | CY2015 | 20150010728
The applicant states, in effect, the case file should be reviewed in accordance with the Secretary of Defense directive for a comprehensive review of members who were referred for a disability evaluation between 11 September 2001 and 30 April 2012, and whose MH diagnosis was changed during that process. The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through...
ARMY | BCMR | CY2015 | 20150010741
Application for correction of military records (with supporting documents provided, if any). The applicant requests the removal of a General Officer Memorandum of Reprimand (GOMOR) from his Official Military Personnel File (OMPF). The applicant states his GOMOR should be removed from his record because he was acquitted of all the charges that were filed against him.
ARMY | BCMR | CY2015 | 20150010828
IN THE CASE OF: BOARD DATE: 29 September 2015 DOCKET NUMBER: AR20150010828 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. A "marginally achieved course standards" DA Form 1059 documenting WLC states the applicant failed the height and weight standards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his official military personnel file the "marginally achieved course standards" DA Form 1059 for the WLC and...
ARMY | BCMR | CY2015 | 20150011111
Application for correction of military records (with supporting documents provided, if any). The applicant states: * the document is not current or valid and should not be filed in his records * the document was revoked the same month it was drafted under the guidance of his civilian counsel * the document contains the social security number of his ex-wife, then a second lieutenant (2LT) and now identified by the applicant as First Lieutenant (1LT) A____ M. A____ * his ex-wife has attempted...
ARMY | BCMR | CY2015 | 20150011113
On 14 November 2013, in response to his petition to this Board for promotion consideration to LTC by an SSB, the Board granted him relief as follows: * submitting his records to an SSB for promotion consideration to LTC and if before promotion consideration he is removed from the RASL, correct his records by continuing the SSB * if selected for promotion, correct his records by voiding his removal from the RASL (retirement orders) and showing he met the eligibility criteria for promotion...
ARMY | BCMR | CY2015 | 20150011120
e. AR 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9, states the applicant must show the burden of proof of the injustice. The applicant never sexually harassed her or any of the other complainants, and they all gave various untrue statements throughout the investigation. d. Paragraph 3-37b(1)(a) provides that the decision to file the report of NJP in the performance or restricted section of the OMPF will be made by the imposing commander at the time...
ARMY | BCMR | CY2015 | 20150011225
The applicant provides: * memorandum, subject: Retroactive AIP Program Korea for Fiscal Year 2013, issued by Headquarters, 2d Infantry Division, dated 21 April 2015 * DA Form 4037 (Officer Record Brief) * Defense and Accounting Service Form 702 (Military Leave and Earnings Statement) * orders * memorandum, subject: Family Travel/Command Sponsorship Approval for (Applicant) issued by U.S. Army Installation Management Command Pacific, Unit Number 15742, dated 14 June 2013 * email...
ARMY | BCMR | CY2015 | 20150011244
The applicant requests correction of his military records by removing the following document from the performance folder in his Official Military Personnel file (OMPF): Memorandum, subject: Closing of Elimination Action, dated 12 July 2013. The applicant contends that his military records should be corrected by removing the subject document from the performance folder in his OMPF because it defeats the purpose of having a restricted folder by highlighting that he was sent to a BOI in 2013...
ARMY | BCMR | CY2015 | 20150011248
The applicant requests removal of the DA Form 2627 (Record of Proceedings under Article 15, UCMJ (Uniform Code of Military Justice)), dated 8 September 2014, and the allied documents that are filed in her Official Military Personnel File (OMPF). He states the action to set-aside the NJP surpassed the 4-month limit due to a subsequent AR 15-6 (Procedures for IO and Boards of Officers) investigation of the imposing commander (CPT L___ K. C____, Commander, Company A, 209th ASB) that was...
ARMY | BCMR | CY2015 | 20150011346
The applicant states, in effect: * she enlisted in the Georgia Army National Guard (GAARNG) on 16 November 2005 without prior service in military occupational specialty (MOS) 68W (Health Care Specialist (Combat Medic)) * in going through the enlistment process with her recruiter, an option of becoming a finance officer was discussed; however, because of the $20,000 enlistment bonus and the $20,000 SLRP incentive, she chose to enlist for training in MOS 68W * she went to basic training in...
ARMY | BCMR | CY2015 | 20150011350
The applicant's military record shows he enlisted in the Florida Army National Guard (FLARNG) on 28 December 2004. He further stated the State Incentive Manager will terminate the applicant's bonus with recoupment for the following reasons: * the applicant's BCN was requested after the date of reenlistment/extension * his bonus options were not initialed 6. However, his initials are not contained in Section III, paragraph 2, verifying the bonus option and the BCN was requested after the...
ARMY | BCMR | CY2015 | 20150011357
The applicant requests, in effect, that a DA Form 2166-8 (NCO (Noncommissioned Officer) Evaluation Report) (NCOER) for the period 1 August 2010 - 31 July 2011 (hereafter referred to as the contested NCOER) removed from his official military personnel file (OMPF). There is no evidence the applicant appealed the contested NCOER to the Army Special Review Board (ASRB) within the 3-year period from the "THRU" date of the contested NCOER. The rated Soldiers signature also verifies the rated...
ARMY | BCMR | CY2015 | 20150011368
The applicant requests, in effect: a. correction of her National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program (SLRP) Addendum Army National Guard of the United States (ARNGUS)), to show a properly approved and recorded bonus control number (BCN) on the date she enlisted; or, b. in the alternative, an exception to policy (ETP) to allow her to receive her Prior Service (PS) Student Loan Repayment Program (SLRP) incentive. The applicant...
ARMY | BCMR | CY2015 | 20150011391
The applicant requests retroactive payment of Assignment Incentive Pay (AIP) for his 24 month assignment to Dongducheon, Korea effective 17 September 2013. e. All Army Activities (ALARACT) Message 121/2013 was still in effect at the time he was assigned in Korea, which authorized him the AIP. In October 2013, the applicant states he submitted his DA Form 4187; however, he was informed that the AIP was stopped due to changes in ALARACT Message 121/2013.
ARMY | BCMR | CY2015 | 20150011414
d. Paragraph 6 (Enlisted Active Duty Service Obligation) states if he were called to active duty for a breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred during Military Science II year, for 3 years if the breach occurred during Military Science III year, or for 4 years if the breach occurred during Military Science IV year. As a matter of equity only, it would be appropriate to consider his enlistment in the USAF to...
ARMY | BCMR | CY2015 | 20150011487
The applicant provides: * self-authored statement * letter from the American Board of Internal Medicine (ABIM), dated 6 October 2014 CONSIDERATION OF EVIDENCE: 1. In his previous application, he provided a letter from ABIM, dated 9 December 2014, verifying his board certification status as of 9 December 2014. He began receiving BCP in January 2015, retroactive to 9 December 2014, the date of the letter from ABIM verifying his board certification.
ARMY | BCMR | CY2015 | 20150011587
Army Regulation 27-10 further provides that the original DA Form 2627, for Soldiers in pay grade E-4 and below prior to punishment, will be filed locally in unit NJP or unit personnel files. The next superior authority to the commanding officer who imposed the Article 15 will act on an appeal if the Soldier punished is still under the command of that officer at the time of appeal. The applicant contends that her military records should be corrected by showing that her NJP was set aside.
ARMY | BCMR | CY2015 | 20150011617
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 an MH condition during processing through the military disability system. The SRP noted the applicant was not assessed with a primary mental disorder, and although he was referred to behavioral health (BH) for depression there...
ARMY | BCMR | CY2015 | 20150011627
Statement of Relevant Facts: * the applicant has served his country honorably in an active duty status for over 12 years * his first period of active service was in 1990 after transitioning from the U.S. Air Force (USAF) Reserve Officers' Training Corps * In 1991 he entered the inactive Ready Reserve and remained there as he pursued his medical degree * after receiving financial assistance from the USAF, he entered active duty with the USAF as a psychiatrist in 2001; he was released from...
ARMY | BCMR | CY2015 | 20150011717
The applicant requests remission of his indebtedness to the government in the amount of $2,448.49 for shipment of excess household goods (HHGs). The commander stated the applicant was the sole provider for his wife and two children, and as such, the debt incurred during his PCS move proved to be an overwhelming burden. The applicant submitted a DA Form 3508 to the Fort Bragg Finance Office that shows he was requesting remission or cancellation of his indebtedness based on hardship.
ARMY | BCMR | CY2015 | 20150011730
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of an Army Achievement Medal (AAM) Certificate from his Official Military Personnel File (OMPF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his OMPF the AAM Certificate dated 25 February 2009.
ARMY | BCMR | CY2015 | 20150011864
The applicant requests retroactive payment of Assignment Incentive Pay (AIP) for his 24 month assignment to Uijeongbu, Korea effective 18 September 2013 through 1 October 2015. The commander stated he was authorized AIP for Korea in accordance with MILPER Message Number 11-145, dated 16 May 2011, which expired on 1 June 2013 and per ALARACT Message 121/2013, dated 7 May 2013, which expired on 31 December 2013. MILPER Message Number 11-145, dated 16 May 2011, title: Update to the AIP...
ARMY | BCMR | CY2015 | 20150011897
Counsel requests removal of the following documents from the applicant's Official Military Personnel File (OMPF): * DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the rating period 19 February 2008 (should read 2009) through 30 November 2009 (hereafter referred to as the contested NCOER) * DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 12 September 2008 2. Counsel states: * the applicant did not believe the...
ARMY | BCMR | CY2015 | 20150011982
Evidence contained in his personnel records show a request for transfer of Post-9/11 GI Bill benefits was approved, which resulted in a service obligation through 20 May 2019. Notwithstanding the applicant's contentions, there is insufficient evidence that shows he submitted a request to transfer education benefits to his family members while in an active status prior to May 2015. Therefore, it appears he had plenty of time to submit his application and/or to verify that his application...
ARMY | BCMR | CY2015 | 20150012034
The applicant provides: * Congressional correspondence * Command Surgeon, Headquarters, U.S. Army Sustainment Command, memoranda, dated 24 November 2014 and 3 June 2015 * extracts of medical records * timeline * DD Form 2900 (Post-Deployment Health Reassessment) * HRC correspondence * Army Directive 2011-07 (Awarding of the Purple Heart), dated 18 March 2011 * revisions to Army Regulation 600-8-22 (Military Awards), dated 11 December 2006 * DA Form 4187 (Personnel Action), dated 4 June...
ARMY | BCMR | CY2015 | 20150012079
Her eligibility data is as follows: * USASMC graduate * BASD of 30 June 1986 * DOB of 8 September 1956 d. Based upon the criteria listed in MILPER Message Number 12-100 and Army Regulation 600-8-19, paragraph 4-2a, she met the announced DOR, BASD, and other eligibility criteria prescribed by HRC for the FY2012 AGR SGM Selection and Training Board and should have been provided a promotion board file for consideration for promotion to SGM. The applicant claims she was denied promotion...
ARMY | BCMR | CY2015 | 20150012181
IN THE CASE OF: BOARD DATE: 20 August 2015 DOCKET NUMBER: AR20150012181 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 removing from his OMPF General Orders Number 2013-85, Department of the Army, dated 12 November 2013.
ARMY | BCMR | CY2015 | 20150012225
Application for correction of military records (with supporting documents provided, if any). 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 an MH condition during processing through the military disability system.
ARMY | BCMR | CY2015 | 20150012394
IN THE CASE OF: BOARD DATE: 4 August 2015 DOCKET NUMBER: AR20150012394 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 30 July 2015, new information was received from the Defense Finance and Accounting Service (DFAS) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140008134, dated 3 February 2015. BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________...