ARMY | BCMR | CY1995 | 9505910C070209
On 21 January 1992 he was given a physical profile of 1 1 3 1 1 1 for his right ankle fracture. The PEB determined that the applicant was physically unfit to perform the duties in his rank as an infantryman and recommended that the applicant be separated from the Army with a combined disability rating of 20 percent. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1995 | 9505920C070209
He states, in effect, that his bizarre behavior while in the Army should have been sufficient to prove that he was physically unfit due to psychiatric illness and, therefore, given a medical discharge. 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. Accordingly, on 27 April 1973 he was discharged due to unsuitability under the provisions of Army...
ARMY | BCMR | CY1995 | 9505938C070209
APPLICANT REQUESTS: That his retirement for 20 active years of service be corrected to a retirement for nonregular service under title 10, U.S. Code, section 1331 (now section 12731) APPLICANT STATES: That he was never informed that he had a choice of which retirement to take, and he would receive more money for his nonregular service due to his prior inactive (reserve not on active duty) service. One opinion from the Director of Military Personnel, Florida National Guard, stated that the...
ARMY | BCMR | CY1995 | 9505951C070209
He further states that he then explained that he was getting married to another service member who was residing in government quarters and was informed that he would be entitled to save pay under those circumstances and that no further action would be required on his part. Records obtained from the local DFAS office by a staff member of the Board indicate that the applicant is currently indebted in the amount of $1,887.38 and that his pay was being garnished for child support in the amount...
ARMY | BCMR | CY1995 | 9505953C070209
EVIDENCE OF RECORD: The applicant's military records show: She enlisted in the USAR for 6 years on 29 January 1976. Thereafter, she was discharged from the USAR effective 3 January 1977 and the following day she enlisted into the Regular Army for a period of 3 years. When the applicant requested discharge from her 6 year USAR enlistment contract and entered the Regular Army for 3 years the only obligation between her and the Army was to complete the three year enlistment.
ARMY | BCMR | CY1995 | 9505975C070209
The applicant was discharged on 14 December 1977. 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. It contains no information, advice or recommendation which would constitute a basis for granting the relief requested or for...
ARMY | BCMR | CY1995 | 9505978C070209
A 7 March 1989 letter from the VA to the applicant stated that the VA had reviewed his disability compensation claim and that records did not show that he received treatment for diabetes, stroke, hypertension, or headaches during his service nor were they recorded in his report of examination upon his discharge. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. BOARD VOTE: EXCUSE FAILURE TO TIMELY FILE GRANT...
ARMY | BCMR | CY1995 | 9505985C070209
On 9 March 1973, the applicant voluntarily requested a discharge from active duty under the provisions of Army Regulation 635-200, chapter 5-9. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
ARMY | BCMR | CY1995 | 9506014C070209
EVIDENCE OF RECORD: The applicant's military records show: On 2 September 1991, while stationed in Saudi Arabia on active duty as a National Guard military policeman in the pay grade of E-6, NJP was imposed against the applicant for wrongfully concealing ammunition in his baggage which was discovered during a customs inspection prior to his departure. The applicant did not appeal the punishment. The letters further indicate that inasmuch as the applicant initialed and signed the record of...
ARMY | BCMR | CY1995 | 9506062C070209
There is no evidence of record that the applicant was so impaired by alcohol problems that he could not both tell right from wrong and adhere to the right, or that the discharge resulted from diminished capacity due to alcohol. The applicant was discharged for his misconduct and alcoholism is not normally accepted as a defense. 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 | CY1995 | 9506078C070209
He states that he was illegally denied reenlistment which was later corrected by his being authorized an antedated reenlistment. In support of his application he submits a letter from his commander who confirms that the applicant was occupying an E-8 position, that he had forwarded promotion packets for the applicant, and that the applicant was separated under the QMP without being issued a 20 year letter. The USARC recommended that the Board validate the revocation of his 1986 discharge...
ARMY | BCMR | CY1995 | 9506091C070209
The applicants Officers Evaluation Report (OER), dated 24 October 1991, indicated that the applicant could not meet the rigorous physical demands of todays Army because of his current physical impairment. On 13 December 1991, the United States Army Physical Evaluation Agency (USAPDA), after careful review, reaffirmed the formal PEB findings and recommendations. The USAPDA, in a comment (COPY ATTACHED) to this Board, opined that the applicant was medically fit for retention at the time of...
ARMY | BCMR | CY1995 | 9506096C070209
This paragraph requires a member who is determined to be medically disqualified for retention to be discharged or transferred to the USAR Control Group (Retired) (regardless of years of service), unless the member requests, and is granted, a waiver. As such, the Board does not accept his discharge from the AKARNG as evidence of physical unfitness while he was on active duty. This Board accepts the fact that the applicant was not eligible for a disability rating from the Army at the time of...
ARMY | BCMR | CY1995 | 9506101C070209
He notes the VA granted him a combined 50 percent disability rating for his heart condition, left ankle scar and back injury. 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 evidence of record indicates he did not have any...
ARMY | BCMR | CY1995 | 9506129C070209
He states he should have been medically retired from the military when he was released from active duty in 1991. He states that he is suffering from medical conditions (right ankle and shoulder pain and asthma) for which he received treatment while on active duty. It appears that the applicant was a member of the Army Reserve following his release from active duty and underwent several periodic medical examinations; all of which found him medically qualified for continued service.
ARMY | BCMR | CY1995 | 9506200C070209
He states he was discharged with known disabilities; mental and physical. 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. The time for the applicant to file a request for correction of any error or injustice expired on 24 July 1981. The applicant has not presented and the records do not contain sufficient justification to conclude that it would...
ARMY | BCMR | CY1995 | 9506207C070209
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 5 February 1997 (COPY ATTACHED). The law and regulations cited in the Boards prior consideration of the applicants 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...
ARMY | BCMR | CY1995 | 9506211C070209
APPLICANT REQUESTS: That her uncharacterized discharge be changed to physical disability. On 20 May 1992, she was discharged under Army Regulation 635-200, paragraph 5-11, for her failure to meet procurement medical fitness standards - no disability. 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: 1.
ARMY | BCMR | CY1995 | 9506226C070209
EVIDENCE OF RECORD: The applicant's military and medical records show: On 6 January 1981, he enlisted in the Regular Army, in pay grade E-3. On 29 September 1981, the commander recommended the applicants discharge with an honorable discharge (HD). 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: 1.
ARMY | BCMR | CY1995 | 9506229C070209
He had completed 1 year of total active service. 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: 1. There is no evidence of record nor has the applicant submitted any evidence to support his contention that he had an illness at the time of his discharge which would warrant a correction of his records.
ARMY | BCMR | CY1995 | 9506249C070209
EVIDENCE OF RECORD: The applicant's military personnel and medical records show: He enlisted in the Regular Army on 7 July 1965, was awarded the military occupational specialty (MOS) of telephone switchboard operator, and served in France for 9 months and 2 days and in Vietnam for 1 year and 18 days. In August 1978 the applicant entered into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcoholism. On 24 August 1983 the applicant was given a reenlistment physical...
ARMY | BCMR | CY1995 | 9506254C070209
APPLICANT STATES: That within a year of his discharge from the Army, he was evaluated at 60 percent by the VA. A review of his entire military records will show that he should have been given a medical retirement after all of his exceptional military service. His physical profile was shown as 111221. The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.
ARMY | BCMR | CY1995 | 9506255C070209
APPLICANT REQUESTS: That her military records be corrected to show that she was retired by reason of physical disability. He rated her physical fitness and military bearing as meeting standards (Success) and commented that she had a Full profile awaiting board action. Her senior rater rated her overall potential as Superior and commented Performs beyond expectations continuously Should be promoted ahead of peers. A Medical Evaluation Board (MEBD) Narrative Summary dictated on 1 April...
ARMY | BCMR | CY1995 | 9506258C070209
The applicant asked that the record of NJP be removed from his performance microfiche to restricted and not that the record be expunged entirely from his records. The transfer of a record of NJP, which has served its purpose, to a restricted fiche enables the Army to maintain that historical record without jeopardizing the individuals career. In the interest of fairness to the applicant it would be appropriate to transfer the record of NJP to a restricted fiche in accordance with the...
ARMY | BCMR | CY1995 | 9506266C070209
APPLICANT REQUESTS: That her records be corrected to show that her separation was based on a physical disability. EVIDENCE OF RECORD: The applicant's military and medical records show: On 29 April 1981, the applicant enlisted in the Regular Army and continued through reenlistments until her separation. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1995 | 9506285C070209
APPLICANT REQUESTS: In effect, removal of a record of nonjudicial punishment (NJP) from the performance portion of his Official Military Personnel File (OMPF) and reconsideration for promotion to pay grade E-7 and E-8. APPLICANT STATES: In effect, that a record of NJP remained in his OMPF after the punishment was wholly set aside by the imposing officer and as such was reviewed by promotion selections boards resulting in his nonselection for promotion and ultimate retirement in pay grade...
ARMY | BCMR | CY1995 | 9506342C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted on 5 November 1984 for a period of 3 years. Although not explained in the available records, orders were published on 25 June 1991 which authorized the applicant to separate from the service prior to his ETS, on 28 November 1991, under the provisions of Army Regulation 635-200, chapter 5. In the absence of evidence to the contrary, and considering that there were no early release programs announced at the...
ARMY | BCMR | CY1995 | 9506410C070209
He was advanced to pay grade E-2 effective 22 May 1973. His DD Form 214 (Report of Separation from Active Duty) indicates that he was discharged on 26 July 1974, in pay grade E-1, under Army Regulation 635-200, paragraph 13-5a, with an UD certificate (character of service UOTHC). Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
ARMY | BCMR | CY1995 | 9506415C070209
Medical records indicate the applicants physical profile was 111111A just prior to his separation. On 9 October 1982, he was honorably separated, in pay grade E-4, under Army Regulation 635-200, chapter 2, based on the expiration of his term of service. The evidence of record shows that he elected not to take a final physical examination.
ARMY | BCMR | CY1995 | 9506498C070209
He states he was wounded as a result of enemy action at Camp Elsenborn, Belgium during the Battle of the Bulge, January 1945. 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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or...
ARMY | BCMR | CY1995 | 9506508C070209
APPLICANT REQUESTS: That he be relieved of financial liability in the amount of $1,779.00 imposed upon him by Report of Survey (ROS) MA-81-92 for the loss of two word processors and a printer valued at $15,580; that any moneys previously collected from him be returned. 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: 1. Although...
ARMY | BCMR | CY1995 | 9506542C070209
The applicant requests that he be relieved of financial liability in the amount of $1,480.61 (1 months pay) imposed by Report of Survey (ROS) T12-93, and that all moneys collected be refunded to him. By all accounts, the applicants unit was poorly led and the applicant was an incompetent supply sergeant. Upon completion of his investigation, the survey officer found that the applicants incompetence was the proximate cause of the losses and recommended that he and the unit commander be...
ARMY | BCMR | CY1995 | 9506602C070209
He had been in the AGR program since May 1984 and, although he held military occupational specialty (MOS) 76Y, supply specialist, this was his first assignment as a unit supply sergeant. His deteriorating physical condition severely hampered his ability to perform his duties as a supply sergeant. The ROS was improperly conducted and the survey officers conclusions were not always supported by facts.
ARMY | BCMR | CY1995 | 9506669C070209
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. The time for the applicant to file a request for correction of any error or injustice expired on 26 January 1971.
ARMY | BCMR | CY1995 | 9506737C070209
The applicant requests that his military records be corrected to show that he was approved for a second tour of active duty in the Active Guard and Reserve (AGR) program, and that he be given appropriate back pay and allowances that this correction would entail. The applicants request to be retained in the AGR program in a subsequent assignment was denied based solely on his relief for cause OER. As such, it would be appropriate to grant the relief sought by the applicant, to correct his...
ARMY | BCMR | CY1995 | 9506764C070209
In effect, the applicant requests that the date of the orders promoting him to pay grade E-5 be changed from 4 August 1992 to 1 July 1992, the effective date of his promotion, in order for him to receive all pay and allowances in that grade effective 1 July 1992. Paragraph 1-13 of that regulation states that the date of rank for promotion to a higher grade is the date specified in the instrument of promotion. That paragraph continues to say that if the effective date is prior to the date...
ARMY | BCMR | CY1995 | 9506820C070209
APPLICANT REQUESTS: That his records be corrected to show he received a medical retirement. The VA, however, is not required by law to determine medical unfitness for further military service. The medical evidence of record supports the determination that the applicants unfitting condition was properly diagnosed and rated at the time of his discharge.
ARMY | BCMR | CY1995 | 9506851C070209
APPLICANT STATES: That he was granted a disability rating of 30 percent by the VA upon his separation from active duty. On 16 July 1968, the unit commander informed the applicant that he had initiated action to separate him under Army Regulation 635-212, for unsuitability, based on his emotionally unstable personality and of his rights. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1995 | 9506854C070209
EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the ARNG with no prior service on 14 January 1974, entered on his initial active duty for training on 4 June 1974, was awarded the military occupational specialty of supply specialist, and was honorably released from active duty and returned to his ARNG unit on 5 December 1974. The PEB recommended that the applicant be discharged with severance pay, rated 10 percent disabled, contingent on the applicants unfitting...
ARMY | BCMR | CY1995 | 9506883C070209
APPLICANT REQUESTS: Reconsideration of his request for upgrade of his undesirable discharge, which was denied by this Board on 1 November 1995. EVIDENCE OF RECORD: Incorporated herein by reference are military records which are summarized in a memorandum presented before this Board on 1 November 1995. The applicant has not furnished any documentary evidence which would support a determination that he had PTSD, nor do his records so indicate.
ARMY | BCMR | CY1995 | 9506885C070209
APPLICANT REQUESTS: In effect, reconsideration of his previous request to correct his records by showing that he was retired due to physical disability. The law and regulations cited in the Boards prior consideration of the applicants 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 entitled to basic pay does not necessarily require an...
ARMY | BCMR | CY1995 | 9506920C070209
On 3 October 1978 the applicants commanding officer recommended that the applicant be eliminated from the Army under the provisions of Army Regulation 635-200, chapter 9, because of his continued abuse of drugs and lack of desire for successful rehabilitation. On 4 October 1978 the separation authority approved the recommendation and directed that the applicant receive an Honorable Discharge Certificate. Army Regulation 635-40, paragraph 3-2b(1), provides that disability compensation is...
ARMY | BCMR | CY1995 | 9506944C070209
APPLICANT REQUESTS: That his records be corrected to show his Bad Conduct Discharge (BCD) was upgraded to an unspecified characterization. On 23 September 1991, he was discharged, in pay grade E-1, with a BCD, under Army Regulation 635-200, chapter 3, based on the result of a 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: 1.
ARMY | BCMR | CY1995 | 9506978C070209
APPLICANT REQUESTS: Award of two Purple Hearts and the Combat Infantryman Badge. EVIDENCE OF RECORD: The applicant's military records show: He entered active duty in January 1968 and served in Vietnam as a truck driver (series 64) between November 1968 and January 1970. The time for the applicant to file a request for correction of any error or injustice expired on 27 January 1973.
ARMY | BCMR | CY1995 | 9506988C070209
APPLICANT REQUESTS: In effect, that DA Form 2627, Record of Proceedings Under Article 15, UCMJ, be removed from his Official Military Personnel File (OMPF) and that any record of his arrest on 28 July 1990 be expunged from any system of records on which it may appear. APPLICANT STATES: That more than 2 years have elapsed since the imposition of punishment under Article 15 and, in accordance with AR 27-10, the DA Form 2627 should have been removed. The applicant now has, and will continue...
ARMY | BCMR | CY1995 | 9507018C070209
He states that he was not negligent in his efforts to free a jammed charging handle and that he did not use excessive force. After trying to free the jammed part, the SSG took the weapon to the applicant for help. The IO recommended that each individual be assessed 1 months pay, in the applicants case $1,599.90.
ARMY | BCMR | CY1995 | 9507045C070209
APPLICANT REQUESTS: Correction of his enlistment contract dated 29 March 1995 to show that he enlisted in the pay grade of E-5 instead of pay grade E-4. APPLICANT STATES: In effect, that because his separation document (DD Form 214) dated 4 February 1994 did not reflect his promotion to the pay grade of E-5 on 1 February 1994, he was not properly enlisted in the pay grade of E-5 when he enlisted on 29 March 1995. DISCUSSION: Considering all the evidence, allegations, and information...
ARMY | BCMR | CY1995 | 9507062C070209
APPLICANT REQUESTS: In two applications, adjustment of his effective date and date of rank for promotion to the pay grade E-6 and subsequent promotion to the pay grade of E-7 to be effective on or about 26 May 1991. Likewise, there is no evidence in the available records to show that his promotion to the pay grade of E-6 was unduly delayed. Consequently, there is no basis to adjust his date of rank or effective date of promotion to the pay grade of E-6.
ARMY | BCMR | CY1995 | 9507088C070209
He states that he should have received a medical discharge. 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. The time for the applicant to file a request for correction of any error or injustice expired on 29 April 1972.
ARMY | BCMR | CY1995 | 9507096C070209
The applicants military records show after serving 9 years, 3 months, and 2 days of total active service, he reenlisted on 25 November 1985 for a period of 6 years, while serving in the pay grade of E-7. It further opined that the applicant was authorized full separation pay based on his involuntary separation and recommended that his request be denied. That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was...