ARMY | BCMR | CY1990-1993 | 9005775
All of the applicant’s service medical records, VA medical records, and dental records up to this date and from 1974 under surnames and alias’ have been reviewed in consideration of the applicant’s request., The law and regulations cited in the Board’s prior consideration of the applicant’s case 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 that was acquired or aggravated while...
ARMY | BCMR | CY1990-1993 | 9005938
: 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:1. The applicant's disability was properly rated in accordance with the VA Schedule for Rating Disabilities. His separation with severance pay was in compliance with law and regulation.
ARMY | BCMR | CY1990-1993 | 9006078A
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. DISCUSSION : After considering all the evidence, allegations, and information...
ARMY | BCMR | CY1990-1993 | 9006080
APPLICANT STATES : That he was issued a physical profile, therefore, not being considered for a medical discharge was unjust. The VA, however, is not required by law to determine medical unfitness for further military service. 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...
ARMY | BCMR | CY1990-1993 | 9006830
APPLICANT REQUESTS : That his general discharge be upgraded to honorable and the narrative reason for separation be reflected as medical disability. He received a general discharge on 24 May 1982 under the provisions of Army Regulation 635-200, Chapter 15 for homosexuality. 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 | CY1990-1993 | 9008760
As stated in the Board’s previous Memorandum of Consideration, the applicant was returned to a duty status on 14 August 1985 and has not submitted any documentation to show that he was unable to perform his military duties prior to 11 May 1987. The Board has cited the lack of evidence of other medical treatment, with corresponding evidence of disability, as a reason for denying his request in both its previous considerations of the applicant’s case. Since there is no evidence of medical...
ARMY | BCMR | CY1990-1993 | 9008792
The applicant requests reconsideration of his previous application for award of the Purple Heart for a cold weather injury sustained in Europe in February 1945. The Memorandum of Consideration (MOC) for the original review shows that the denial of the Purple Heart was based upon partially reconstructed military and medical records which prompted the conclusion that the applicant’s condition was more consistent with trench foot rather than with frostbite. Nevertheless, the applicant...
ARMY | BCMR | CY1990-1993 | 9008849
APPLICANT REQUESTS : That the Board reverse its previous action which denied his application for failure to timely apply, and consider the merits of the application. NEW EVIDENCE OR INFORMATION : In support of the current request, the applicant has submitted the new contention that the Giles v. Secretary of the Army (Civil Action 77-0904) applied to him. DISCUSSION : After considering all the evidence, allegations, and information presented by the applicant with the current request,...
ARMY | BCMR | CY1990-1993 | 9013639
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. There also is no evidence...
ARMY | BCMR | CY1990-1993 | 9015235
EVIDENCE OF RECORD : The applicant's military records show: After consulting with counsel, the applicant submitted a request for discharge for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. Chapter 10 of the regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after charges have...
ARMY | BCMR | CY1990-1993 | 9020613
The applicant’s DD Form 214 shows only one award of the Purple Heart and does not show award of the Bronze Star Medal with “V” Device. There are no orders on the applicant’s service personnel records which show that he was recommended for or awarded the Bronze Star Medal with “V” Device. Evidence of record shows the applicant was awarded the Good Conduct Medal; therefore, he is entitled to correction of his records to show this award.
ARMY | BCMR | CY1990-1993 | 9022464
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: He was promoted to the pay grade of E-4 on 6 January 1969 and he served in Vietnam until 18 June 1969.
ARMY | BCMR | CY1990-1993 | 9105455
Based on the applicant’s request, the US Total Army Personnel Command (PERSCOM) reviewed his records and in an advisory opinion (COPY ATTACHED), determined that the applicant was entitled to the Purple Heart, as well as the Combat Infantryman Badge, the Good Conduct Medal, the Vietnam Campaign Medal and the Vietnam Gallantry Cross Unit award. There is no evidence that the applicant was ever awarded the Bronze Star Medal, or that a recommendation for the Bronze Star Medal was ever submitted,...
ARMY | BCMR | CY1990-1993 | 9105830
On 3 May 1979, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge under other than honorable conditions (UOTHC). Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. DETERMINATION : The subject application was not submitted within the time required.
ARMY | BCMR | CY1990-1993 | 9106752
The applicant requests that the portion of the approved special court-martial sentence which reduced him from pay grade E-7 to pay grade E-5 be set aside and his military records be corrected to reflect that he was retired in pay grade E-7. The evidence presented to his court-martial seemed to indicate that the applicant suffered from PTSD and was not in control of his behavior at the time of his AWOL. GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY1990-1993 | 9106917
APPLICANT REQUESTS : The applicant requests reconsideration of the Board’s decision that, in effect, denied his request that his military records reflect that he was separated from the Army in the rank of sergeant. APPLICANT STATES : That he was disappointed with the Board’s decision to deny his request because of failure to file within a set period of time; that his status as a squad leader or as a noncommissioned officer was not taken into account; and that he does not understand the...
ARMY | BCMR | CY1990-1993 | 9107175
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 12 August 1992 (COPY ATTACHED).The contention that he was impaired due to alcoholism when he returned from Vietnam and that he was not himself constitutes new argument. There is no evidence of record that the applicant was impaired by alcohol and that he could not both tell right...
ARMY | BCMR | CY1990-1993 | 9107374
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The discharge review board (DRB) can only accept a request that is submitted within 15 years of the date of the discharge. 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 | CY1990-1993 | 9107374A
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The discharge review board (DRB) can only accept a request that is submitted within 15 years of the date of the discharge. 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 | CY1990-1993 | 9107784
APPLICANT STATES : That he was rated by the VA upon discharge and awarded 40 percent for his disabilities. The Board’s original consideration included and it is reiterated here that the United States Army Physical Disability Agency reviewed the applicant’s records upon appeal for an increase of the disability percentage from an informal Physical Evaluation Board (PEB) 20 July 1992. The applicant's disability was properly rated in accordance with the VA Schedule for Rating Disabilities.
ARMY | BCMR | CY1990-1993 | 9107963
The applicant requests reconsideration of his previous application to correct his records by upgrading his discharge. In light of all the circumstances of the case, including that the applicant served without a discreditable incident until the AWOL (following his re-enlistment leave) that led to his Chapter 10 discharge, and especially his combat service, as evidenced by earning the Combat Infantryman Badge, the Air Medal and the Purple Heart, the current discharge is unjust and should be...
ARMY | BCMR | CY1990-1993 | 9107963A
The applicant requests reconsideration of his previous application to correct his records by upgrading his discharge. In light of all the circumstances of the case, including that the applicant served without a discreditable incident until the AWOL (following his re-enlistment leave) that led to his Chapter 10 discharge, and especially his combat service, as evidenced by earning the Combat Infantryman Badge, the Air Medal and the Purple Heart, the current discharge is unjust and should be...
ARMY | BCMR | CY1990-1993 | 9108000
Also, he now requests, in effect, placement on the permanent disability retired list, removal of the enlisted evaluation report (EER) covering the period September 1977-August 1978 as a partial basis for the HQDA bar to reenlistment, and the award of the Good Conduct Medal (6th Award). On 3 April 1989, the Board of Veterans Appeals, indicated that the applicant had active service from May 1970 to April 1972 and from December 1972 to March 1986; that the applicant had a transitory psychotic...
ARMY | BCMR | CY1990-1993 | 9108307
He was told that he would receive a general discharge. None of this would have happened if the Army had kept the reenlistment promises to him. The Board has never denied an application simply because it was not submitted within the required time.
ARMY | BCMR | CY1990-1993 | 9109333
The applicant was advanced to pay grade E-3 on 20 June 1990 under the provisions of Army Regulation 601-210, table 2-3, rule E. His DOR on the promotion instrument (DA Form 4187) is 23 January 1990. Paragraph 7-5 states that the DOR and effective date of promotion will be the same. The applicant’s effective date of advancement to pay grade E-3 should be 23 January 1990.
ARMY | BCMR | CY1990-1993 | 9109444
The applicant requests that the effective date of his promotion to pay grade E-3 be corrected from 26 April to 16 January 1990. Therefore, his advancement to pay grade E-3 should have been effective the date of his enlistment. That all of the Department of the Army records related to this case be corrected by showing the applicant was advanced to pay grade E-3 effective 28 July 1989.
ARMY | BCMR | CY1990-1993 | 9109840
APPLICANT REQUESTS : That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the Purple Heart and all of the other awards to which he is entitled. On 11 March 1992 this Board denied his request for the Purple Heart that was based upon the same evidence submitted with his current application. While the evidence of record shows that the applicant sustained an injury while in Vietnam, it does not show that the injury was the result of enemy action.
ARMY | BCMR | CY1990-1993 | 9110654
APPLICANT REQUESTS : Removal of two officer evaluation reports (OER) from his records. The SR also indicated that he did not trust the applicant and that he would not be promoted to the rank of chief warrant officer two (CW2). The applicant has failed to show through the evidence submitted or the evidence of record sufficient justification to warrant removing the OER as requested.
ARMY | BCMR | CY1990-1993 | 9205700
APPLICANT REQUESTS : In effect, that a record of proceedings of nonjudicial punishment (NJP) be removed from his Official Military Personnel File. He was promoted to the pay grade of E-5 on 1 September 1987. Army Regulation 27-10, in effect at the time, stated in pertinent part, that the decision to file DA Forms 2627 (Record of Proceedings of NJP) on the performance fiche or the restricted fiche in the OMPF (without regard to pay grade or time in service), would be determined by the...
ARMY | BCMR | CY1990-1993 | 9206518
APPLICANT REQUESTS : That the effective date of her promotion from pay grade E-3 to pay grade E-5 be corrected to 1 January 1988 and that she be given the difference in pay for the time she served before orders were published promoting her to pay grade E-5. However, finance office will not pay her the difference in pay for the duty she performed prior to the date of the promotion orders. On 7 December 1989 the addenda to the applicant’s enlistment contract were altered to show that she...
ARMY | BCMR | CY1990-1993 | 9207189
The applicant requests correction of military records as stated in the application to the Board and as restated herein. An investigation into his absence was launched and by July 1951 the commander, Fort Custer concluded there was “no documentary evidence available concerning the initial date of absence” and as such recommended the applicant be discharged under the provisions of Army Regulation 615-366 (desertion), noting “trial barred by Article 43” UCMJ. The Board notes that separation...
ARMY | BCMR | CY1990-1993 | 9207280
The applicant’s commander submitted a recommendation for the applicant’s separation under chapter 14, Army Regulation 635-200. The applicant’s commander testified that an Army Regulation 15-6 was done because of rumors of the applicant’s involvement with another woman, but there was no proof of misconduct; that the applicant was command directed to “D&A (drug and alcohol)” on 29 May 1987; that the applicant told him on 8 May 1987 that he had already been scheduled for an appointment; that...
ARMY | BCMR | CY1990-1993 | 9207331
APPLICANT STATES : That his medical records clearly show that he was hospitalized for a “psychotic break” while on leave from Korea and this should have qualified him for a physical disability retirement. After completing all of his required military training, the applicant was assigned to a unit at Fort Knox, Kentucky, with duty as an infantryman. Following a course of treatment, he was processed for a physical disability separation and honorably discharged on 9 June 1976 under the...
ARMY | BCMR | CY1990-1993 | 9207856
NEW EVIDENCE OR INFORMATION : Incorporated herein is a summarization of the applicant’s military records prepared to reflect the Board’s original consideration of his case on 1 February 1995. A copy of the decision, by the general court-martial convening authority (GCMCA), must be forwarded with the disability case file to the physical evaluation board. While PTSD was not recognized as a specific illness at the time of the applicant's separation from the service, the fact that an...
ARMY | BCMR | CY1990-1993 | 9208653
The applicant requests reconsideration of his request to correct his records by voiding his discharge from the USAR and transferring him to the Retired Reserve. He states that when he received his discharge from the USAR he thought since he had 20 years of qualifying service that he would automatically be transferred to the Retired Reserves. The applicant’s records should be changed to void his discharge of 15 August 1984 from the USAR, and instead, show that he was transferred to the...
ARMY | BCMR | CY1990-1993 | 9208653B
Member The applicant and counsel if any, did not appear before the Board. He states that when he received his discharge from the USAR he thought since he had 20 years of qualifying service that he would automatically be transferred to the Retired Reserves. The applicant’s records should be changed to void his discharge of 15 August 1984 from the USAR, and instead, show that he was transferred to the retired reserve on that date.
ARMY | BCMR | CY1990-1993 | 9209418C
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 all...
ARMY | BCMR | CY1990-1993 | 9209445
He entered active duty on 2 January 1990 (at age 55) and was initially assigned to Germany to perform duties as a staff internist in a general hospital in Nuernberg. After reviewing the credential committee’s recommendations and the reports of neuropsychological evaluations, the commander determined that the applicant’s clinical privileges would be reduced to those deemed appropriate for a general medical officer working under direct supervision and that a copy of the notification of final...
ARMY | BCMR | CY1990-1993 | 9210068
In a 23 April 1991 “boiler plate” memorandum concerning separation for misconduct the applicant stated that he requested consideration of his case by an administrative separation board. The applicant’s commanding officer recommended to the separation authority that the applicant be discharged for misconduct under the provisions of Army Regulation 635-200. The applicant did request a hearing before an administrative separation board in April 1991 apparently as a result of separation action...
ARMY | BCMR | CY1990-1993 | 9210632
APPLICANT REQUESTS : In effect, reconsideration of his previous request to correct his records by showing that he was discharged for physical disability retirement. APPLICANT STATES : That he has been denied post service benefits because he was not on active duty or on the Temporary Disability Retired List (TDRL) for at least six months prior to discharge. Medical reports submitted by the applicant in the appeal show some treatment for a low back condition, however, they do not relate that...
ARMY | BCMR | CY1990-1993 | 9305411
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 31 March 1993 (COPY ATTACHED).The applicant’s claim that the FSM died of a Vietnam related condition and that he was discharged unjustly is new evidence. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the...
ARMY | BCMR | CY1990-1993 | 9305864
APPLICANT STATES : That he was led to believe by military publications, regulations and his Personnel Management Officer (PMO) that he would be considered to be satisfactorily participating in the USAR if he were to accept assignment to the USAR Control Group (IRR) and attended a service school. The applicant concludes that he is qualified for promotion to lieutenant colonel, that he participated within both the spirit and the letter of Army regulations and other directives, and was...
ARMY | BCMR | CY1990-1993 | 9306118
He demands reconsideration for a medical discharge based on the new evidence regarding his current medical condition. In support of his application the applicant submits a VA rating decision dated 16 February 1996 which grants 100 percent evaluation of service connected nervous disorder from 25 November 1992, but denies entitlement to monthly compensation. The law and regulations cited in the Board’s prior consideration of the applicant’s case make it clear that to be separated for...
ARMY | BCMR | CY1990-1993 | 9306118A
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The law and regulations cited in the Board’s prior consideration of the applicant’s case make it clear that to be separated for physical disability a soldier must be physically unable to...
ARMY | BCMR | CY1990-1993 | 9306171
The board decided that he should be discharged and thereafter, he was separated as noted above. Also, the Board notes that the FSM’s misconduct consisted solely of lost time, and although there was extensive lost time which is not condoned, the Board can understand how going AWOL might seem like a reasonable response to a soldier of the FSM’s mental capacity when he feels he is needed at home. GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY1990-1993 | 9306188
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. The Board notes the applicant’s receipt of his GED and his intentions to rehabilitate to include being alcohol free, however, these unsubtantiated contentions do not demonstrate an error of an...
ARMY | BCMR | CY1990-1993 | 9306347
A 4th Endorsement, dated 8 April 1987, from the Chief, Personnel Division (a colonel), HQ, Department of the Army (DA), Office of the Chief, Army Reserve (OCAR), to the Commander, U.S. Army Reserve Personnel Center, indicates that the request for involuntary release from the AGR program was disapproved; that, although the applicant was ineligible for further duty as a recruiter, per Army Regulation 601-1, documentation submitted did not substantiate release from active duty; that a review of...
ARMY | BCMR | CY1990-1993 | 9306515
APPLICANT REQUESTS : That his bad conduct discharge (BCD) be upgraded to a general discharge. The Army Discharge Review Board denied his request for upgrade of his discharge on 23 February 1989. However, his record of NJP’s and conviction by a special court-martial render his prior service too undistinguished to support upgrading his discharge on that basis alone.
ARMY | BCMR | CY1990-1993 | 9306598
He states that he was promoted to pay grade E-6 in 1975, and promoted to pay grade E-7 in February 1981. Army Regulation 15-80 establishes policies, procedure, and responsibilities of the Army Grade Determination Review Board (AGDRB), and states in pertinent part that the AGDRB will make final determinations on behalf of the Secretary of the Army. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was placed on the TDRL...
ARMY | BCMR | CY1990-1993 | 9306689
On 3 December 1969, the appropriate authority approved his request and directed the issuance of a discharge UOTHC. On 14 December 1969, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC. On 29 November 1978, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.