ARMY | BCMR | CY1990-1993 | 9306756
In support of his application the applicant submits a 1996 disability rating increase by the VA, copies of medical records of treatments subsequent to the Board’s 1995 decision and a personal statement. An advisory opinion (COPY ATTACHED) was obtained from Army Review Board Agency’s, medical advisor that opined that there was no evidence to support the applicant’s contention and that at time of separation the applicant was properly diagnosed and rated for his condition. Although the rating...
ARMY | BCMR | CY1990-1993 | 9307187
COUNSEL CONTENDS: Counsel concurs in the applicant’s presentation and requests that all reasonable doubt be resolved in the applicant’s favor. : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:1. 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...
ARMY | BCMR | CY1990-1993 | 9307429
That the following days should not have been charged as leave since he used these days to prepare for an appeal to an informal and formal Physical Evaluation Board (PEB): 28, 29, 30 June.1991 and 1 July 1991 1, 2, 3, 4 August 1991 The applicant submitted no new evidence to support his contentions that he should have been retired due to disability. Considering the entirety of the case, the applicant chose to use his leave to prepare information needed for the ongoing disability processing...
ARMY | BCMR | CY1990-1993 | 9307635
The Military Justice Act of 1983 (Public Law 98-209), provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial 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 applicant has failed to submit evidence that would satisfy the aforementioned requirement
ARMY | BCMR | CY1990-1993 | 9307651
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. 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 discharge upgraded, but the applicant’s contentions...
ARMY | BCMR | CY1990-1993 | 9307980
On 23 September 1991 a physical evaluation board (PEB) was convened and determined that the applicant was physically unfit due to interstitial cystitis with dysuria, frequency and nocturia, rated as moderately severe. The PEB then determined the applicant’s one unfitting condition to be 20 percent disabling and recommended that he be discharged with severance pay. Army Regulation 635-40 provides that members who do not meet medical retention standards will be referred to a PEB for a...
ARMY | BCMR | CY1990-1993 | 9308593
He is also receiving blood work for hepatitis. The applicant has submitted neither probative evidence nor a convincing argument in support of his request. In view of the foregoing, there is no basis for granting the applicant’s request.
ARMY | BCMR | CY1990-1993 | 9308657
The Board denied the applicant’s original application in a Memorandum of Consideration (COPY ATTACHED) on 14 September 1994. However, since hypothyroidism is not unfitting it would not have been rated by the PEB even if it were known that he had that condition. As such, the applicant has not submitted any evidence which shows that his disability was not properly rated by the Army at the time of his discharge.
ARMY | BCMR | CY1990-1993 | 9308805
APPLICANT REQUESTS : Reconsideration of his request for upgrading of his discharge under other than honorable conditions (UOTHC), which was denied by this Board on 23 November 1994. 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 discharge appropriately characterizes the misconduct for which the applicant had a history and was convicted.
ARMY | BCMR | CY1990-1993 | 9308825
APPLICANT REQUESTS : Reconsideration of his previous request to correct his records by upgrading his undesirable discharge (UD). There is no evidence that the applicant sought help from the Army regarding rehabilitation, on the contrary, by the applicant’s own admission he continued drugs and alcohol for many many years after his discharge from the Army. In view of the foregoing, there is no basis for granting the applicant's request.
ARMY | BCMR | CY1990-1993 | 9308952
The applicant requests that his military records be corrected to show that he was awarded the Purple Heart for wounds received in World War II. He states that although his request for the Purple Heart has been refused before he now has evidence to prove that his wounds were the result of enemy action. Although this Board previously denied the applicant’s request for the Purple Heart, evidence now available suggests that the full circumstances of his injury were not known at the time the...
ARMY | BCMR | CY1990-1993 | 9308952c
The applicant requests that his military records be corrected to show that he was awarded the Purple Heart for wounds received in World War II. He states that although his request for the Purple Heart has been refused before he now has evidence to prove that his wounds were the result of enemy action. Although this Board previously denied the applicant’s request for the Purple Heart, evidence now available suggests that the full circumstances of his injury were not known at the time the...
ARMY | BCMR | CY1990-1993 | 9309093
The applicant requests reconsideration of his 1990 application to correct his military records to reflect entitlement to the Combat Infantryman Badge. Based on the lack of substantiating evidence that the applicant was entitled to award of the Combat Infantryman Badge the Board denied his original request. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.
ARMY | BCMR | CY1990-1993 | 9309725
The applicant was not entitled to the dollar amount of SP as currently shown on his DD Form 214. However, based on the evidence of record, the applicant was entitled to one half SP. a. entitlement to one half SP;
ARMY | BCMR | CY1990-1993 | 9310045
Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while performing active or inactive (weekend drill) duty. There is no indication that the applicant was ever determined to be physically unfit while in the Regular Army. The applicant does not claim that his panic disorder was incurred or aggravated while on active duty while in...
ARMY | BCMR | CY1990-1993 | 9310249
The hospital documents indicate, in effect, that the applicant had a long history of drug abuse, "LSD," and recently speed; that he had a history of maladjustment; that he had been seen at the Mental Hygiene Clinic; that he had been evaluated by a psychiatrist who found the applicant as non-rehabilitatible; that the psychiatrist advised against a rehabilitation program at Fort Shafter, Hawaii; and that the psychiatrist recommended the applicant's separation under chapter 13 of Army...
ARMY | BCMR | CY1990-1993 | 9310255.
The applicant’s military records show that he submitted a request for removal from the promotion standing list to the pay grade of E-6 and separation under the SSB option of the VSIP on 8 March 1993. The PERSCOM recommended approval of the applicant’s request. Personnel approved for early retirement will receive the same benefits as individuals with 20 years or more service, except that their retired pay will be reduced.
ARMY | BCMR | CY1990-1993 | 9310297
APPLICANT REQUESTS : That his records be corrected to show that he enrolled in the Montgomery G.I. APPLICANT STATES : He was never informed that he could enroll in the MGIB. The applicant was on active duty for the 1992 open season for MGIB enrollment.
ARMY | BCMR | CY1990-1993 | 9310560
APPLICANT REQUESTS : That his 20 percent disability rating be increased to a minimum of 40 percent and that his name be place on the Permanent Disability Retired List (PDRL). On 6 July 1987 an informal PEB was convened which determined that the applicant was medically unfit due to a limitation of motion, right ankle, status post fracture with open reduction and history of osteomyletis, with a recommended disability percentage of 10 percent; and due to low back pain, status post right lumbar...
ARMY | BCMR | CY1990-1993 | 9310670.
PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. On 1 December 1970, after serving over 30 years of total active service, the applicant reenlisted for a period of 3 years, under the present duty assignment reenlistment option. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in...
ARMY | BCMR | CY1990-1993 | 9310741
: The applicant's military personnel and medical records show:While a cadet at West Point Military Academy, the applicant was conservatively treated for complaints of increasing low back pain. The applicant was commissioned as a second lieutenant and entered on active duty on 25 May 1988. He also cited examples of his level of physical fitness before and after his surgery while he was a cadet at West Point Military Academy, and how he injured his back when he was the officer in charge of a...
ARMY | BCMR | CY1990-1993 | 9311078.
The applicant requests that his record be corrected to reflect that he was awarded the Army Commendation Medal (ARCOM). While there is no documentation elsewhere in the record to support that he had been awarded the ARCOM, his assignment during the period in question coincides with dates reflected on the ARCOM certificate and tends to indicate that the ARCOM was rightfully awarded to him. That all of the Department of the Army records related to this case be corrected by showing that the...
ARMY | BCMR | CY1990-1993 | 9311141
This action was routed outside the applicant’s chain of command for a review and recommendation by the commander of the US Army Separation and Transfer Point, the person most knowledgeable of methods of discharge, who recommended against chapter 5 processing. The applicant made application to the Army Discharge Review Board (ADRB) seeking to upgrade his discharge to HD and change the separation authority and narrative reason for separation. Chapter 10 of that regulation provides, in...
ARMY | BCMR | CY1990-1993 | 9312134A
His request was denied and he was honorably released from active duty on 19 July 1986 at the expiration of his term of service. The DD Form 214, Certificate of Release or Discharge from Active Duty, he was issued listed the narrative reason for his release from active duty as “Expiration of Term of Service”, and had the separation program designator (SPD) code "LBK" entered. In the processing of this case the Defense Finance and Accounting Service stated that it could not pay the applicant...
ARMY | BCMR | CY1990-1993 | 9313309
APPLICANT REQUESTS : Through counsel, that he be given full separation pay. Paragraph 21k states that an individual who is removed from the WCP due to compliance with the BFC standards and who is found to exceed the BFC within 1 year of his or her removal from the program may be separated. Although the orders separating the applicant did erroneously state that he was entitled to full separation pay, those orders were issued after the fact and could not have influenced the applicant’s...
ARMY | BCMR | CY1990-1993 | 9313396
The applicant’s military dental records show that he had a separation dental examination on 3 June 1991 in which it was stated that all appropriate dental services and treatment indicated by the examination had not been completed. The OTSG stated that the applicant’s DD Form 214, block 17, should have been checked “No.” Therefore, it would appear that the applicant’s dental treatment was not complete and final at the time of his separation from active duty.
ARMY | BCMR | CY1990-1993 | 9313400
The applicant requests that his records be corrected to show that he was entitled to Special Duty Assignment Pay (SDAP) for recruiting duties he performed from 24 March 1987 to 26 April 1988. During the period in question, 24 March 1987 through 26 April 1988, he served as a recruiter training NCO and recruiter assistant operations NCO. The USAREC stated that if the applicant was performing duties as a recruiter or as an assistant operations NCO, he would be eligible for SDAP as a staff...
ARMY | BCMR | CY1990-1993 | 9313585
The applicant requests that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that he had not received complete dental care prior to his discharge. He states that his dental treatment had not been completed prior to his discharge. The applicant's records show that he required a repair to his partial denture to complete his dental treatment, a service which there is no record of being performed.
ARMY | BCMR | CY1990-1993 | 9313615
PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. EVIDENCE OF RECORD : The applicant's military records show: The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
ARMY | BCMR | CY1990-1993 | 9313666
APPLICANT REQUESTS : In effect, correction of his military records by correcting the Noncommissioned Officer Evaluation Report (NCOER) covering the period of 8906-9005 by changing Part IVa3 to “Yes”, (“Is honest and truthful in word and in deed”); by changing IVb to a “success” rating instead of “Needs improvement” rating; and by deleting the comment about “shows lack of sound judgment when he asked a fellow soldier to impersonate his supervisor.” APPLICANT STATES : In effect, that the...
ARMY | BCMR | CY1990-1993 | 9313695
APPLICANT REQUESTS : Reinstatement of his dual component status and retroactive retirement in the rank of chief warrant officer two (CW2) effective 1 March 1994. APPLICANT STATES : In effect, that he was never afforded the opportunity to participate in the Reserve Component Dual Component Program and was therefore denied the opportunity to retire in the highest grade he held (CW2). Section 3964 of that title provides that each warrant officer and enlisted member of the RA, is entitled,...
ARMY | BCMR | CY1990-1993 | 9313826
The Air Medal with “V” device may be awarded for acts of heroism which are of a lesser degree than required for award of the Distinguished Flying Cross. Telephonic information received from the Army’s Awards Branch indicated that a search of the Vietnam era awards files failed to reveal any valor decorations but did confirm the Army Commendation Medal which was awarded to the applicant by the 1st Aviation Brigade in orders published in March 1972. The applicant has not presented and the...