ARMY | BCMR | CY1995 | 9507123C070209
On 23 May 1979 the Board denied another application from him requesting a medical retirement. While in basic training, on 25 August 1971 he requested discharge under the provisions of Army Regulation 635-200, paragraph 5-9, due to a medical condition which was disqualifying for enlistment but not for retention and which existed at the time of his enlistment. He was then diagnosed as having minor chronic low back pain with no organic basis.
ARMY | BCMR | CY1995 | 9507154C070209
APPLICANT REQUESTS: In effect, the applicant requests that his record be corrected to show that he was transferred to the Retired Reserve with the rank and pay grade as Sergeant First Class (SFC) E-7. He reenlisted on the next day, was promoted to Platoon Sergeant (PSG) E-7 on 15 July 1966 and was discharged on 1 November 1966 with that rank and in that pay grade. In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Office of the Chief of the Army...
ARMY | BCMR | CY1995 | 9507160C070209
APPLICANT REQUESTS: The former service members (FSM) step-daughter requests that he be awarded the Purple Heart for injuries suffered in World War I. In an advisory opinion to this Board (COPY ATTACHED) the US Army Reserve Personnel Center recommends that the Purple Heart not be approved for the FSM. 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,...
ARMY | BCMR | CY1995 | 9507164C070209
APPLICANT REQUESTS: That his records be corrected to show he was retired with 20 years active duty. EVIDENCE OF RECORD: The applicant's military and medical records show: During the period 22 June 1970-15 April 1977, he was on active duty in the Regular Army. On 24 May 1991, he was honorably discharged, in pay grade E-6, under Army Regulation 635-40, physical disability with severance pay.
ARMY | BCMR | CY1995 | 9507375C070209
EVIDENCE OF RECORD: The applicant's military and medical records show: On 3 April 1967, he enlisted in the Regular Army. During the period in question, medical records show that he was treated on two occasions: a. There is no evidence of record which would satisfy the regulatory requirement for award of the PH.
ARMY | BCMR | CY1995 | 9507377C070209
APPLICANT STATES: In effect, as a result of retaliation for filing an EO complaint against his rater, he was removed from his duty position. It noted that information provided by the Florida Army National Guard indicated the applicants duty position was grade at E-7 some time between 1989, when [the applicant] was hired, and July 1993. Manning documents provided by that office confirm the position was graded at E-7 at least by July 1993. The evidence confirms, contrary to the...
ARMY | BCMR | CY1995 | 9507407C070209
APPLICANT REQUESTS: That his Officer Evaluation Report (OER) for the period 14 December 1987-13 December 1988 be removed from his Official Military Personnel File (OMPF). On 10 January 1990, the Appeals Branch, US Army Reserve Personnel Center notified the applicant that the OSRB had determined the evidence he submitted did not justify altering his OER and that his appeal was denied. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together...
ARMY | BCMR | CY1995 | 9507436C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 1 January 1996, the Army Discharge Review Board denied the applicants request for an upgrade of his reentry code. There is no evidence that the applicant has applied through his recruiter for a waiver.
ARMY | BCMR | CY1995 | 9507438C070209
APPLICANT REQUESTS: In effect, that his reentry (RE) code of RE-3 be changed to a code which would allow him to reenlist. He received additional training on his weapon, but again failed to qualify with it. 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.
ARMY | BCMR | CY1995 | 9507452C070209
The applicant requests that he be authorized separation pay for his 10 years, 2 months, and 21 days of total active service. It states, in pertinent part, that a soldier serving on active duty in the pay grade of E-4 or lower will not be allowed to reenlist for a period that will exceed the maximum retention control point of 8 years and 29 days of total active service. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected to reflect that the...
ARMY | BCMR | CY1995 | 9507474C070209
2 The applicant requests, in effect, a change in his physical disability rating that would allow him to retire by reason of physical disability; that his non-commissioned officer evaluation report (NCO-ER) for the period ending July 1991 be amended; that he receive incapacitation pay; and that his Inspector General (IG) complaint regarding the violation of his profile be handled in a manner consistent with the Uniform Code of Military Justice. Army Regulation 635-40 governs the evaluation...
ARMY | BCMR | CY1995 | 9507475C070209
APPLICANT REQUESTS: Reconsideration of his request for upgrading of his separation to honorable, which was denied by this Board on 19 July 1995. APPLICANT STATES: That he was punished, but not one attempt to treat him for his problems. 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 | 9507477BC070209
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. The Board considered the...
ARMY | BCMR | CY1995 | 9507477C070209
On 1 April 1992 an informal PEB concluded the applicant was physically unfit for continued service because of chronic low back pain following the October 1991 injury (MEB diagnosis 2 and 3). The board rated his disability at 10 percent in accordance with the VA Schedule for Rating Disabilities (VASRD) Code 5295 and recommended that he be separated with disability severance pay. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with...
ARMY | BCMR | CY1995 | 9507483C070209
APPLICANT REQUESTS: In effect, the applicant requests that his records be corrected to show that he was appointed as a Major in the Medical Corps, with the same date of rank in that grade that he held when he was a Major in the Medical Service Corps. APPLICANT STATES: In effect, the applicant states that his years of service be reviewed to determine if his appointment to the grade of Captain in the Medical Corps in 1990 was correct, considering that he was a promotable Medical Service Corps...
ARMY | BCMR | CY1995 | 9507486C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 1 January 1996, the Army Discharge Review Board denied the applicants request for an upgrade of his reentry code. There is no evidence that the applicant has applied through his recruiter for a waiver.
ARMY | BCMR | CY1995 | 9507488C070209
APPLICANT STATES: In effect, that he did not understand the SBP process; that he was not advised that his election was irrevocable; that he forgot about his SBP participation until his premiums were deducted from his retired pay. Public Law 95-397, effective 1 October 1978, extended eligibility for coverage under the SBP to members and former members of the Reserve Components who had 20 or more years of qualifying service, but had not reached age 60, the age at which they would be eligible...
ARMY | BCMR | CY1995 | 9507498C070209
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, and that he had completed the Military Police school and the Primary Leadership Development Course. The DD Form 214 he was issued at that time, item 17, Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation was marked...
ARMY | BCMR | CY1995 | 9507520C070209
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 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...
ARMY | BCMR | CY1995 | 9507527C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of the Purple Heart and Combat Infantryman Badge. EVIDENCE OF RECORD: The applicant's military records show: He was a member of the USAR when he was called to active duty on 14 January 1991 in support of Operation Desert Shield/Storm. In the absence of more convincing evidence that the applicant was actively engaged in ground combat or that his injuries occurred while on a combat mission, as opposed to while guarding...
ARMY | BCMR | CY1995 | 9507538C070209
The applicant was hospitalized on 21 January 1982 and released from the hospital on 31 January. On 19 March 1982 the applicants commanding officer initiated action to discharge the applicant under the provisions of Army Regulation 635-200, paragraph 5-33 (trainee discharge program), because of the applicants lack of motivation and desire to become a productive soldier. The applicant was discharged with an honorable characterization of service on 25 March 1982.
ARMY | BCMR | CY1995 | 9507539C070209
The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. He had completed 6 years, 9 months and 20 days of honorable military service. It is the opinion of this Board, that the applicant's DD Form 214 was erroneously annotated with an reentry code RE-3.
ARMY | BCMR | CY1995 | 9507565C070209
The applicant requests, in effect, correction of his military records to show that he was discharged for medical reasons, and that his discharge date be changed. He recommended that the applicant be separated from the military service under Army Regulation 635-212. On 3 November 1967, the applicants commander submitted a request that the applicant be discharged from the service under Army Regulation 635-212, with a general discharge certificate.
ARMY | BCMR | CY1995 | 9507573C070209
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. If the soldier had been provided a complete dental examination, and all appropriate dental services and treatment had been completed within 90 days prior to separation, the DD Form 214, block 17, Member was provided complete dental examination and all appropriate dental services and treatment within 90...
ARMY | BCMR | CY1995 | 9507618C070209
APPLICANT STATES: That a material error was made during the 7 December 1992 United States Army Reserve (USAR) Unit Vacancy Board in that a letter from another officer, with his same surname, declining promotion was erroneously included in his promotion packet. EVIDENCE OF RECORD: The applicant's military records show: The applicant enclosed a 24 September 1992 memorandum to the 79th ARCOM deputy chief of staff for personnel, from a first lieutenant with the applicants same surname, in...
ARMY | BCMR | CY1995 | 9507655C070209
During that physical examination, her knee problems and operations were noted and she was determined medically qualified for separation with a physical profile designator of 2. On 29 July 1992 the applicant was honorably released from active duty at her own request, with an SSB payment of $17,330.85, and transferred to the USAR Control Group the following day. This regulation only requires those individuals who have medical conditions which have been established as being below the...
ARMY | BCMR | CY1995 | 9507699C070209
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. The appropriate selection boards evaluate past performances and estimate the potential of each soldier to determine if continued service is warranted. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.
ARMY | BCMR | CY1995 | 9507703C070209
APPLICANT REQUESTS: That his records be corrected to show that he was retired for a physical disability. Title 10, United States Code, sections 1201 and 1203, provides for the physical disability retirement and separation, respectively, of a member who has at least 20 years of service or a disability rated 30 percent disabling. The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.
ARMY | BCMR | CY1995 | 9507715C070209
The Inspector General (IG) found that the applicant was correct, that two students were allowed two retests and he was not, but the NCOA commandant was allowed by regulation to look at the total soldier on a case-by-case basis and allow a second retest to students who are perceived to have outstanding potential to the Army. Therefore, the Board is left with the applicants allegation that he was singled out, that he was not allowed a second retest strictly because of his color. The...
ARMY | BCMR | CY1995 | 9507717C070209
In accordance with a military personnel message (MILPER Message Number 92-247) of 22 July 1992, effective 1 October 1992 soldiers are required to be graduates of BNCOC in order to be promoted to pay grade E-6. Soldiers who meet a cutoff score on or after 1 October 1992 will be promoted the first day of the month following completion of BNCOC. Requests are to be submitted prior to the soldier being promoted.
ARMY | BCMR | CY1995 | 9507720C070209
The applicant states that he has never received an RRB or a selective reenlistment bonus (SRB) and according to his career counselor he should have received at least an RRB. In the absence of evidence to show he received an RRB, and in light of the fact that he was eligible to receive the RRB, the applicant should be paid the RRB for his 3-year reenlistment on 14 October 1994 and any subsequent reenlistments until such time as RRB entitlements are exhausted. RECOMMENDATION: That all of the...
ARMY | BCMR | CY1995 | 9507760C070209
His enlistment contract specified that he was entitled to enlistment in pay grade of E-3 under the provisions of Army Regulation 601-210, table 2-3, rule E-3, based on his education. When the applicant received a recomputation for promotion to pay grade E-6 and was only awarded 50 promotion points for the credits listed on the same transcript. Had the applicant properly received credit (75 promotion points for 75 semester hours) for his civilian education, he would have received an...
ARMY | BCMR | CY1995 | 9507773C070209
The PERSCOM (Specialized Training Management Branch) determined that the applicant had not been scheduled for an earlier class date due to the unavailability of class seats and granted her a waiver effective 1 March 1993. While the Board recognizes that she would have been promoted earlier had she attended BNCOC earlier, there are limited numbers of training seats in each class and not everyone can attend at the same time. The applicant had the options of requesting attendance at the BNCOC...
ARMY | BCMR | CY1995 | 9507774C070209
In response to a former request by the applicant, this Board directed that the applicant be considered by a STAB. Army Regulation 140-30, paragraph 7-1, states that officers in the AGR program may be selected for promotion regardless of his or her current position but will not be promoted until the officer is assigned to a position requiring the higher grade. The FTSMC stated that there were only a total of 142 colonel positions in the AGR program worldwide in 1995, with far more officers...
ARMY | BCMR | CY1995 | 9507779C070209
He met the cut-off score for promotion to the pay grade of E-6 on 15 November 1994 (for 1 December 1994 promotions), but was unable to execute an extension of service until 10 January 1995, that was necessary to meet the service remaining requirement (1 year of remaining service) for promotion. The PERSCOM recommended that his request be denied. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...
ARMY | BCMR | CY1995 | 9507786C070209
He further states that he met the cut-off score for promotion to E-5 on 1 January 1995 but could not be promoted to the pay grade of E-6 until he completed PLDC on 14 March 1995. Not only could he have requested a waiver of the PLDC requirement in the event that he met the cut-off score while deployed, he very possibly could have requested attendance at an earlier date. The applicant was aware of the requirement to complete PLDC prior to promotion, and there is no evidence to suggest that...
ARMY | BCMR | CY1995 | 9507805C070209
On 28 January 1994 the applicant submitted a request for reclassification from MOS 250A to MOS 250B. The applicant again submitted a request for reclassification to the PERSCOM on 9 September 1994 accompanied with documentation indicating his training and experience in the MOS he was requesting. The PERSCOM denied his request on 16 February 1995 contending that he was properly considered for promotion in the MOS he held at the time the promotion board convened and therefore no material...
ARMY | BCMR | CY1995 | 9507807C070209
In effect, the applicant requests that his induction date of 4 November 1965 and his separation date of 13 August 1966 on his DD Form 214 (Report of Transfer or Discharge) be changed to 3 November 1963 and 15 August 1965, respectively. The applicant signed a statement acknowledging that he had a 6 year service obligation on 4 November, and orders dated 4 November 1964 assigning the applicant to Fort Knox indicate that he was inducted on that date. In view of the foregoing findings and...
ARMY | BCMR | CY1995 | 9507836C070209
It recommends that the applicant be relieved of financial liability and points out the extreme tardiness of the ROS and the apparent forgery of the applicants signatures on the OCIE hand receipt. Chapter 13 of Army Regulation 735-5 states that the Government may impose a finding of pecuniary liability whenever negligence or willful misconduct is found to be the proximate cause of any loss, damage, or destruction of Government property for which a soldier has personal responsibility. The...
ARMY | BCMR | CY1995 | 9507850C070209
The applicant requested a discharge upgrade from the Army Discharge Review Board (ADRB). On 11 February 1980, the ADRB denied his request. The Board dismissed the applicants contention that he was too young and immature when he was inducted into military service, noting that he was more than 21 years old when he committed his court-martial offenses.
ARMY | BCMR | CY1995 | 9507854AC070209
APPLICANT REQUESTS: Reconsideration of the denial of his application for correction of his military records wherein he requested that he be medically retired from the Army National Guard (ARNG). NEW EVIDENCE AND/OR INFORMATION: In support of his request the applicant submits medical documentation, statements in his behalf, and correspondence pertaining to his disability, all of which were considered by the Board in its original review of his case. Based on that finding, the applicant was...
ARMY | BCMR | CY1995 | 9507889C070209
When he arrived in Germany, he was charged with 4 days absence without leave (AWOL) and tried by a summary court-martial. The applicants service in Germany was excellent from December 1953 to 30 July 1955. He returned to the brothel and threatened the sergeant and the German girl by pointing the carbine at them and showing them the loaded magazine.
ARMY | BCMR | CY1995 | 9507893C070209
The applicant requests that his records be corrected to show that he was separated on 31 August 1994, with 24 years, 1 month and 2 days of active service. During the period 27 September 1967-1 May 1969 (1 year, 7 months and 5 days of creditable service), the applicant was on active duty in the Army of the United States (AUS). His Report of Separation indicates that he had 24 years and 13 days of creditable service.
ARMY | BCMR | CY1995 | 9507969C070209
On 9 January 1992 he was again seen for his ulcer with the treatment record showing that the condition had been successfully treated. Those members who do not meet medical retention standards will be referred to a physical evaluation board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a...
ARMY | BCMR | CY1995 | 9507981C070209
The applicant requests correction of his military records to show his social security number as ... 3. His Army service number was shown as ... His DA Form 24 (Service Record) showed his social security number as . The evidence of record shows that the applicants correct social security number is .. 2.
ARMY | BCMR | CY1995 | 9507982C070209
On 14 January 1993, the Commander, HSC, advised the applicant that he was relieving him of command of the MEDDAC, Redstone Arsenal; that, from 5-7 January 1993, the IG, HSC, conducted a visit to Redstone Arsenal to assess the command climate of his organization; that the report concluded that the applicant's leadership and command style were incompatible with the standards established by the Army; that the applicant's lack of a clear cut and realistic vision of his organizational goals as...
ARMY | BCMR | CY1995 | 9507983C070209
The applicant requests correction of his military records to show that he separated from the service with entitlement to the voluntary separation incentive (VSI) option of the Voluntary Separation Incentive Program (VSIP) instead of the special separation benefit (SSB) option he received. However, at the time of separation, he received payment under the SSB option. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected to show that the individual...
ARMY | BCMR | CY1995 | 9507994C070209
APPLICANT REQUESTS: Tht his discharge for physical disability withut severance pay be corrected to show permanent retirement. APPLICANT STATES: COUNSEL CONTENDS: EVIDENCE OF RECORD: The applicant's military records show: 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: DETERMINATION: The applicant has failed to submit sufficient...
ARMY | BCMR | CY1995 | 9508021C070209
On 22 July 1974, after consulting with legal counsel, voluntarily requested a discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. On 29 August 1974, the appropriate authority approved his request, directed his reduction to pay grade E-1 and that a undesirable discharge (UD) be issued. The applicants separation was conducted in accordance with regulation in effect at the time.
ARMY | BCMR | CY1995 | 9508026C070209
APPLICANT REQUESTS: That his general discharge for unsuitability be corrected to a medical retirement. 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 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...