ARMY | BCMR | CY1980-1989 | 8002864
NEW EVIDENCE OF RECORD : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s original consideration of his case on 27 August 1980 (COPY ATTACHED). In a medical summary dated 25 February 1946, it was noted that the applicant claimed that he was reduced from Tech 5 to private just prior to hospitalization because of poor performance on the job. Due to the lack of documentation, there is no way for the Board to determine...
ARMY | BCMR | CY1980-1989 | 8004577
He also requests that his reduction in pay grade be voided. The VA, however, is not required by law to determine medical unfitness for further military service. That reduction was not associated in any way with his gunshot wound.
ARMY | BCMR | CY1980-1989 | 8109050d
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. The law and regulations make it clear that to be separated for physical disability a soldier must be physically unable to perform duty and that the presence of a medical condition...
ARMY | BCMR | CY1980-1989 | 8109128
On 18 September 1956, a member of Congress, who had submitted a request for reconsideration on the applicant’s behalf, was advised by the Executive Secretary of the Board that the regulations governing the Board’s operation provide that it could deny an application without a hearing if it determined that insufficient evidence had been presented to indicate probable material error or injustice; that, under such regulations, the Board had reconsidered the application and the information...
ARMY | BCMR | CY1980-1989 | 8110592B
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant stated at that time that he had no trouble in the Army until he returned from Korea and that some of his AWOL time had been associated with his inability to deal with the death of his father and with the suicide of his first wife. His drinking, of course, led to AWOLs.
ARMY | BCMR | CY1980-1989 | 8111921
The DOD IG then informed the applicant of his right to apply to this Board in order to have his records corrected. The applicant again requested reconsideration of his application for correction of his military records wherein he requested that his 5 March 1980, discharge be voided, that his records be corrected to show that he reenlisted in the Regular Army and remained on active duty, that he be considered for promotion to pay grade E-7 by a Standby Advisory Board, and that he be given...
ARMY | BCMR | CY1980-1989 | 8203907
APPLICANT REQUESTS : In effect, the applicant requests that his undesirable discharge be upgraded to honorable. The severity of the undesirable discharge for 10 days for being AWOL is not tantamount to justice being served. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
ARMY | BCMR | CY1980-1989 | 8209981A
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. DISCUSSION : Considering...
ARMY | BCMR | CY1980-1989 | 8300142
APPLICANT REQUESTS : Reconsideration of his previous request to correct his records by upgrading his discharge. The applicant’s military records show that on 22 January 1981, after the approval of his request for a chapter 10 discharge that he was counseled on the requirements for completion of a medical examination prior to his separation. Considering the entirety of the case, the Board has considered all of the applicant’s past and present contentions regarding his desire to have his...
ARMY | BCMR | CY1980-1989 | 8300265
The applicant submits no evidence regarding his contentions of mistreatment. The applicant’s contentions of his post service accomplishments and good character are not so exceptionally meritorious as to warrant an upgrade of his discharge nor do these factors outweigh the severity of the offenses which characterized his discharge. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within...
ARMY | BCMR | CY1980-1989 | 8302910
NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 22 June 1983 (COPY ATTACHED).The contention that he was discharged under the wrong discharge authority, and that he had a heart condition and PTSD prior to his discharge and that his post service adjustment warrants review constitutes new argument. His 24 September 1962 report of medical examination...
ARMY | BCMR | CY1980-1989 | 8309508
The applicant requests that his undesirable discharge be upgraded to honorable. In support of his application he submits about a dozen letters of support and training indicating his work with the American Indian Chemical Dependency Programs in Minnesota. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY1980-1989 | 8309608A
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He indicates that he had a mental health evaluation that found him to be immature and undisciplined due to coming from a deprived background. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY1980-1989 | 8309721A
NEW EVIDENCE AND/OR INFORMATION : In support of his request the applicant submits a variety of newspaper clippings regarding sickle cell trait. The OTSG stated that the applicant was diagnosed after his discharge as having sickle cell trait, not sickle cell anemia. In the processing of the applicant’s current request, an advisory opinion (COPY ATTACHED) was obtained from Army Review Board Agency (ARBA) Medical Advisor.
ARMY | BCMR | CY1980-1989 | 8404174
He applied for a hardship discharge due to his father’s illness and because he did not list his father as a dependent he was discharged for fraudulent enlistment and issued an undesirable discharge certificate. Counsel for the applicant contends that a fraudulent enlistment under the provisions (UP) of AR 615-366 in 1949 was recommended by commanders for any of seven disqualifying reasons, none of which pertain to the applicant. Because his records were apparently lost or destroyed in the...
ARMY | BCMR | CY1980-1989 | 8500312
APPLICANT STATES : In effect that post traumatic stress disorder (PTSD) prevented him from following orders. The applicant’s recent adjustments to civilian life and his parents’ concerns are noted but these matters are not so exemplary nor exceptional as to demonstrate an injustice in the discharge. In view of the foregoing, there is no basis for granting the applicant's request.
ARMY | BCMR | CY1980-1989 | 8505175
DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: This Board concluded that the bar to reenlistment and other actions which flowed therefrom were not inappropriate, based on his entire military record; however, the Board also recognized the authority of the Federal appeals court’s decision and corrected the applicant’s records accordingly. In view of the...
ARMY | BCMR | CY1980-1989 | 8603386
APPLICANT REQUESTS : Reconsideration of his previous request to correct his records by upgrading his discharge from undesirable to honorable. NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 3 June 1987 (COPY ATTACHED).The mother contends that he was young and immature which constitutes new argument. Had the Board determined that an error or...
ARMY | BCMR | CY1980-1989 | 8604097
APPLICANT REQUESTS : Reconsideration of his previous request to correct his records by upgrading his undesirable discharge. APPLICANT STATES : In effect, that since the last denial by the Board to upgrade his discharge his post service has changed and demonstrates he has been a good citizen and that his discharge should be upgraded. In support of his post service argument he submits the following:
ARMY | BCMR | CY1980-1989 | 8604967
When separation for unfitness was warranted an undesirable discharge was normally considered appropriate. At the time of the separation physical examination, competent medical authority determined that the applicant was then medically fit for retention or appropriate separation. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit.
ARMY | BCMR | CY1980-1989 | 8606664
APPLICANT REQUESTS : In effect, reconsideration of his initial request that his medical retirement, 30 percent disabling, which was granted by this Board on 22 April 1992, be corrected to show the current VA rating. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. Any rating action by the VA does not compel the Army to modify its rating.
ARMY | BCMR | CY1980-1989 | 8607956
The applicant was treated for wounds sustained under qualifying conditions and is entitled to award of the Purple Heart. In consideration of the foregoing findings and conclusions it would be appropriate to correct the applicants records as recommended below. RECOMMENDATION :That all of the Department of the Army records related to this case be corrected by showing the entitlement to the award of the Purple Heart as a result of enemy action on 5 March 1945.
ARMY | BCMR | CY1980-1989 | 8607956A
th Infantry Regiment who personally attended to and treated the applicant for multiple shrapnel wounds on 5 March 1945.6. In consideration of the foregoing findings and conclusions it would be appropriate to correct the applicants records as recommended below. RECOMMENDATION :That all of the Department of the Army records related to this case be corrected by showing the entitlement to the award of the Purple Heart as a result of enemy action on 5 March 1945.
ARMY | BCMR | CY1980-1989 | 8608674
APPLICANT REQUESTS : In effect, reconsideration of his request that he be medically discharged from the Army, which was denied by this Board on 3 August 1988. On 21 December 1978, a VA Rating Decision denied the applicant service-connection for schizophrenia, based on the applicant’s indication that he had depression or excessive worry prior to entering the service and that military medical records did not substantiate it. The medical evidence of record indicates that the applicant was...
ARMY | BCMR | CY1980-1989 | 8705298
The applicant requests that his undesirable discharge be upgraded to an honorable discharge. He was discharged on 8 October 1971 under the provisions of Army Regulation 635-200, having completed 2 years, 2 months and 15 days of service. The drug counselors and treating physicians have determined that his addiction problems probably stemmed from the time of his Vietnam duty.
ARMY | BCMR | CY1980-1989 | 8706904C
APPLICANT REQUESTS : Reconsideration of the denial of his application for correction of his military records wherein he requested that his administrative discharge for medical unfitness, without service connection, be corrected to a separation for medical unfitness, service connected, rated disabled. APPLICANT STATES : In the review of his case by the Board of Veterans Appeals (BVA), it was determined that it is impossible to exclude his two injuries on active duty as the most likely cause...
ARMY | BCMR | CY1980-1989 | 8706972
APPLICANT REQUESTS : Reconsideration of his request for an upgrade of his undesirable discharge to general under honorable conditions. NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 14 December 1988 (COPY ATTACHED).The applicant, in effect, cites as a basis to upgrade his discharge, that he served favorably during his first...
ARMY | BCMR | CY1980-1989 | 8707188
EVIDENCE OF RECORD : Incorporated herein be reference are military records which are summarized in a memorandum presented before this Board on 26 October 1988 (COPY ATTACHED). DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise...
ARMY | BCMR | CY1980-1989 | 8708596
APPLICANT REQUESTS : Reconsideration of his request that his records be corrected to show he was discharged due to a physical disability - Post-traumatic Stress Disorder (PTSD). EVIDENCE OF RECORD : Incorporated herein by reference are military records which are summarized in a memorandum presented before this Board on 16 November 1988 (COPY ATTACHED). On 19 May 1997, the medical advisor for the DA Military Review Boards Agency opined (COPY ATTACHED) that the applicant was evaluated...
ARMY | BCMR | CY1980-1989 | 8708990
The applicant requests reconsideration of his application for correction of his military records wherein he had asked that he be awarded the Silver Star. Based on his request to the US Army Reserve Personnel Center (ARPERCEN) the applicant was issued a DA Form 1577 (Authorization for Issuance of Awards) dated 9 May 1994 which shows that he is entitled to the BSM with OLC (but does not indicate that he is also authorized a “V” device), and all of the awards indicated in paragraph 5, above,...
ARMY | BCMR | CY1980-1989 | 8709019
APPLICANT REQUESTS : In effect, reconsideration of his previous application to correct his records by upgrading his discharge, changing the reason for discharge or granting a medical discharge. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit. The Board has never denied an application simply because it was not submitted within the required time.
ARMY | BCMR | CY1980-1989 | 8806722
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 28 June 1989 (COPY...
ARMY | BCMR | CY1980-1989 | 8806822
APPLICANT REQUESTS : Correction of his military records by changing the reason for his discharge and his reentry eligibility (RE) code which would allow enlistment. On 2 September 1987, his commander submitted a request recommending that the applicant be discharged under Army Regulation 635-200, chapter 11. He indicated that the applicant arrived at the DLI on 12 May 1987; that, since his arrival, he had developed chronic anxiety related problems; that he excelled in English language...
ARMY | BCMR | CY1980-1989 | 8808383
APPLICANT STATES : (1) that he currently rated at 60 percent service-connected (SC) disabled, with 100 percent unemployability, by the VA; (2) that he is entitled to award of the PH, and other medals earned, for injuries received during temporary duty (TDY) to the Republic of Vietnam (RVN); (3) that incomplete documentation cost him and his family benefits and considerable hardship; (4) that he did not take his discharge willingly and has fought the VA for years and finally succeeded in...
ARMY | BCMR | CY1980-1989 | 8809278
APPLICANT REQUESTS : In effect, reconsideration of his previous application to correct his records by showing physical disability retirement. The applicant did not have any medically unfitting disability which required physical disability processing. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit.
ARMY | BCMR | CY1980-1989 | 8809281
He submits 1994 medical reports and evaluations from the Northwest Georgia Regional Hospital describing his alcohol and drug addictions and other mental and emotional problems. He was being processed for separation under conditions that could have led to discharge under other than honorable conditions and was not eligible for physical disability processing. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to...
ARMY | BCMR | CY1980-1989 | 8905280
The applicant requests the following corrections be made to his military records: (a) that the Board’s directive that his relief for cause Officer Efficiency Report (OER) and related derogatory documents be removed from his military files be complied with; (b) that his two Meritorious Service Medals be posted to his Official Military Personnel File (OMPF); (c) that he be promoted to lieutenant colonel effective 1 June 1991; (d) that he be given back pay from the date of that promotion to the...
ARMY | BCMR | CY1980-1989 | 8906279
APPLICANT STATES : In effect that there were mental (post traumatic stress disorder) and physical conditions at the time of discharge that should have been considered. NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 7 March 1990 (COPY ATTACHED).The applicant’s contention’s that the upgrade of his discharge is warranted because he was suffering from...
ARMY | BCMR | CY1980-1989 | 8908010
Paragraph 3-15 states that the promotion authority may waive not more than one half of the prescribed time in pay grade for promotion to pay grade E-3, and may waive the promotion criteria to advance soldiers to pay grade E-3 who have enlisted in the Reserve and who have not departed for IADT. The applicant should have been enlisted in the Reserve in pay grade E-2 on 20 July 1987. That all of the Department of the Army records related to this case be corrected by showing that the...
ARMY | BCMR | CY1980-1989 | 8908785
PURPOSE : To determine if the new information and/or contentions now submitted by the applicant, when added to the information already available, contains sufficient justification to conclude that the application was filed within the time required, or if not, whether it could be in the interest of justice to excuse the applicant’s failure to file his original application which had been denied by the Board. The U.S. Total Army Personnel Command (PERSCOM), in a comment (COPY ATTACHED) to the...
ARMY | BCMR | CY1980-1989 | 8910001
APPLICANT STATES : In effect, that he was not properly advised by counsel at the time of his separation. Army regulation 15-185, paragraph 10c provides, in pertinent part, that reconsideration of a Board decision will be made when additional evidence or other matter including, but not limited to factual allegations or arguments, that were not previously available to the Board has been submitted. There is no evidence to suggest that his case was hampered by inadequate counsel.