ARMY | BCMR | CY1995 | 9508056C070209
The word drops indicates the applicant may have been treated with eye drops. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. In view of the foregoing, there is no basis for granting the applicant's request.
ARMY | BCMR | CY1995 | 9508063C070209
The VA, however, is not required by law to determine medical unfitness for further military service. The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation. Records provided by the VA indicate that the applicant has been awarded compensation for medical conditions which that agency has determined to be related to military service.
ARMY | BCMR | CY1995 | 9508076C070209
The applicant requests award of the Purple Heart and Army Achievement Medal. Prior to the applicants separation from active duty he was awarded an Army Achievement Medal for meritorious service during the period 14 December 1989 through 1 May 1993. The applicants injuries, which occurred at Fort Benning did not involve hostile actions, a primary requirement for award of the Purple Heart.
ARMY | BCMR | CY1995 | 9508080C070209
APPLICANT REQUESTS: That he be awarded the Bronze Star, the Silver Star and the Presidential Unit Citation for service in World War II. Despite the letter included with his application indicating that a recommendation for the Silver Star was submitted on his behalf, there is no evidence of a formal recommendation or approval of such an award in the record. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the US Army after 6 December 1941,...
ARMY | BCMR | CY1995 | 9508082C070209
APPLICANT REQUESTS: In effect, correction of his records to show that he was commissioned as a USAR officer on 13 May 1980 with appropriate constructive service credit and changes to his basic pay entry date (BPED) and basic active service date (BASD). His request was approved on 13 June 1983. The applicant has submitted no evidence to refute the accuracy of either the constructive service credit or his service dates.
ARMY | BCMR | CY1995 | 9508100C070209
APPLICANT REQUESTS: That his general discharge be corrected to an honorable medical disability retirement. That recommendation was approved and the applicant was issued a General Discharge Certificate for unsuitability on 15 March 1965 under the provisions of Army Regulation 635-209. The application is dated 16 March 1995 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to...
ARMY | BCMR | CY1995 | 9508101C070209
The applicant has failed to show through the evidence submitted with his application or the evidence of record that he was awarded or is qualified for award of MOS 91A. Additionally, inasmuch as the vehicle operators course was only 9 hours in duration and the minimum numbers of hours required to justify an entry in military records for training is 40 hours, there is no basis for making this correction. In view of the foregoing, there is no basis for making any changes in excess of those...
ARMY | BCMR | CY1995 | 9508110C070209
The applicant requests, in effect, correction of his military records to show that he was enlisted in the U.S. Army Reserve (USAR) on 2 March 1994, in pay grade E-2. However, since there is no evidence of disciplinary actions and he completed 36 quarter hours during the 1993-1994 Winter and 1993-1994 Spring terms at the Mankato State University, the Board concludes that he should be advanced to pay grade E-2 effective 17 October 1994, the day that he completed 4 months service from the date...
ARMY | BCMR | CY1995 | 9508123C070209
APPLICANT REQUESTS: That her DD Form 214, Certificate of Release or Discharge, be corrected by removing the statement that her disability existed prior to service (EPTS) and that she be compensated for her grief. The narrative reason for separation shown in item 28 of her DD Form 214 was disability, existed prior to service, PEB. However, the evidence indicates that she chose instead to waive her rights to a hearing of her case and accept the disability discharge determination of the board.
ARMY | BCMR | CY1995 | 9508142C070209
The record of trial of her GCM contains no reference to any mental impairment or evaluation being raised prior to, during or following the trial that would indicate that she was not able to distinguish right from wrong at the time of the offenses charged. 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. The evidence of record does not show that the...
ARMY | BCMR | CY1995 | 9508184C070209
APPLICANT REQUESTS: That his records be corrected to show that his discharge under other than honorable conditions (UOTHC) was due to a physical disability. On 25 August 1992, he suffered a fracture (fx) of his left ankle while enroute to the ROK. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1995 | 9508215C070209
The board determined that he was physically unfit, recommended a disability rating of 10 percent, and separation with severance pay. Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the action separating the individual concerned from active...
ARMY | BCMR | CY1995 | 9508217C070209
He had taken his last APFT while on active duty in March 1993. Those members who do not meet medical retention standards will be referred to a physical evaluation board for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. The applicants fitness for duty is further demonstrated by his lack of referral to a medical board.
ARMY | BCMR | CY1995 | 9508222C070209
APPLICANT REQUESTS: The applicant requests retroactive promotion to Staff Sergeant, pay grade E-6 effective 1 January 1994. APPLICANT STATES: He states, in effect, that his southwest Asia service, worth four promotion points, was overlooked by the promotion NCO upon his initial promotion point computation in November 1992, and because these points were not awarded, he did not meet the cutoff score for promotion in February 1993, and was not promoted in January 1994, immediately after...
ARMY | BCMR | CY1995 | 9508228C070209
The applicant requests correction of his records to show that he was separated under the Voluntary Separation Incentive Program (VSIP) and that he receive all entitlements authorized under the Special Separation Benefit (SSB) option. The applicant states that he originally applied for separation under the Voluntary Early Transition (VET) Program. However, before he was separated, the VSIP was announced and he was afforded the opportunity to apply for separation under the SSB option of the VSIP.
ARMY | BCMR | CY1995 | 9508236C070209
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. APPLICANT STATES: That he...
ARMY | BCMR | CY1995 | 9508252C070209
At Fort Jackson, he went AWOL again; this time from 21 July 1968 to 16 October 1968. He was tried by a general court-martial on 17 March 1971, convicted, and sentenced to confinement at hard labor for 10 months, forfeiture of $95 per month for 10 months, and a BCD. 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 | 9508281C070209
On 23 August 1970, the applicant was honorably discharged after serving 2 years 2 months and 18 days of active honorable service. On 23 March 1972, 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. In consideration of the foregoing findings and conclusions, and in recognition of his more than 2 years, of exemplary service, it would be unjust to consider his honorable discharge on 23...
ARMY | BCMR | CY1995 | 9508337C070209
.It indicated that a soldier could qualify for SSB if he/she (1) had served on active duty for more than 6 years prior to 5 December 1991, but had served less than 20 years at the time of separation, and was not eligible for retirement or retainer pay based on military service; (2) had served at least 5 years of continuous active duty immediately preceding the date of separation; (3) had completed initial period of enlistment; (4) was a member of the Regular Army or USAR soldiers on extended...
ARMY | BCMR | CY1995 | 9508350C070209
APPLICANT REQUESTS: In effect, that her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show; that the applicant was in the Delayed Entry Program and that she entered into the US Army on 5 May 1975 instead of 23 May 1975. On 23 May 1976, she was honorably discharged from service, in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 6, (Dependency/Hardship). Army Regulation 635-200 sets forth the basic authority for the...
ARMY | BCMR | CY1995 | 9508389aC070209
APPLICANT REQUESTS: That his DD Form 214, Certificate of Release or Discharge from Active Duty, for the period of active duty he served during Operation Desert Shield/Storm, be corrected to show that he did not receive complete dental treatment prior to his release from active duty. 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 Yes. Army...
ARMY | BCMR | CY1995 | 9508394C070209
APPLICANT REQUESTS: That his record be corrected to show that his discharge was based on physical disability. 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 entitled to basic pay. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1995 | 9508397C070209
On 12 March 1963, the applicant was notified that his commander was recommending a discharge under the provisions of Army Regulation 635-208 for unfitness, due to drug addiction. However, at the time of the discharge a discharge UOTHC was normally considered appropriate. Department of Defense (DOD) Directive 1332.28, 11 August 1982, Discharge Review Board Procedures and Standards, establishes uniform policies, procedures, and standards for the review of discharges or dismissals under Title...
ARMY | BCMR | CY1995 | 9508399C070209
He notes that his enlistment physical examination reflected the extensive scarring on his right leg but his condition was aggravated after entering the service. 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 board that his condition existed prior to his entry on active duty and was not aggravated by his period of service.
ARMY | BCMR | CY1995 | 9508400C070209
On 10 June 1963, the applicant was notified that her commander was recommending a discharge under the provisions of Army Regulation 635-209, by reason of unsuitability (apathy, defective attitudes and inability to expend effort constructively) with a HD. On 29 August 1963, the applicant was discharged in pay grade E-3 under the provisions of Army Regulations 635-209, for unsuitability (apathy, defective attitudes and inability to expend effort constructively) with an HD. Army Regulation...
ARMY | BCMR | CY1995 | 9508405C070209
The PEB recommended that she be discharged with severance pay, rated 10 percent disabled. She was also given service connection for seven other medical conditions, all of which were rated zero percent disabling. Title 10, United States Code, section 1203, provides for the physical disability separation (discharge) of a member who has less than 20 years service and a disability rated at less than 30 percent.
ARMY | BCMR | CY1995 | 9508409C070209
EVIDENCE OF RECORD: The applicant's military and medical records show: On 19 January 1967, the applicant enlisted in the Regular Army (RA). His punishments included forfeitures, extra duties, restrictions, reductions in pay grade On 28 January 1966, he was honorably separated, with 2 years, 11 months and 15 days of creditable service and assigned to the Army Reserve. During the period 20 July-3 October 1971, he was AWOL and upon apprehension he was placed in confinement for the period 4-12...
ARMY | BCMR | CY1995 | 9508411C070209
APPLICANT REQUESTS: That his record be corrected to show that his discharge was based on physical disability. This case was referred to a Physical Evaluation Board (PEB). The characterization of service of soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.
ARMY | BCMR | CY1995 | 9508412C070209
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 injustice. The time for the applicant to file a request for correction of any error or injustice expired on 29 March 1972.
ARMY | BCMR | CY1995 | 9508415C070209
The PEB also determined that she was unfit due to migraine headaches with frequent occurrence and not responsive to multiple medications, and recommended that she be rated 10 percent disabled for that condition, giving her a combined rating of 20 percent disabled. Army Regulation 635-40 provides that those members who do not meet medical retention standards will be referred to a physical evaluation board to determine whether they are unfit to be retained in the Army and, if so, to determine...
ARMY | BCMR | CY1995 | 9508416C070209
His record is void of the accomplishing personnel action and most other service documentation, however, on 7 August 1975, he was awarded a general discharge under Army Regulation 635-200, Expeditious Discharge Program. Army Regulation 600-8-22, Military Awards, indicates, in pertinent part, that the GCMDL, first award only, may be awarded for 1 year service. The evidence of the available records indicate that the applicant should be entitled to award of the GCMDL.
ARMY | BCMR | CY1995 | 9508430C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Separation, be corrected to reflect that he was awarded the Purple Heart and to show that he served overseas in Korea for 12 months. For example, his dental record indicates that he received treatment at the IGMR on 26 May 1952, he contends that he was wounded in approximately August 1952 and his DD Form 214 shows that he separated from the service on 8 January 1953. From these dates, it appears that he could have served no more than 7...
ARMY | BCMR | CY1995 | 9508440C070209
He was awarded the Combat Infantryman Badge and participated in five designated campaign periods while in the overseas theater of operations. The fact that the injury occurred during the same period the applicant was captured by enemy forces supports the conclusion that the injury occurred while actually engaged in combat and as such should be awarded the Purple Heart. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned...
ARMY | BCMR | CY1995 | 9508443C070209
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to a general discharge. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army for 3 years on 19 February 1951 and received a BCD on 19 June 1953 pursuant to the sentence of a general court-martial. There is no evidence of any previous court-martial convictions in his records.
ARMY | BCMR | CY1995 | 9508446C070209
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. The reentry code is commensurate with the applicants overall record of military service.
ARMY | BCMR | CY1995 | 9508451C070209
As a second alternative, he requests correction of his military records to show that he elected the Voluntary Separation Incentive (VSI) option in lieu of the Special Separation Benefit (SSB) option offered under the VSIP. Service members who were approved for the VSIP had the option of receiving either the VSI or the SSB. Further, the PERSCOM noted that case that the approval of the applicants request for the SSB option and the implementation of the legislatively amended VSI benefits...
ARMY | BCMR | CY1995 | 9508468C070209
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. 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. The Board...
ARMY | BCMR | CY1995 | 9508473C070209
APPLICANT REQUESTS: That his undesirable discharge (UD) be upgraded to honorable. The convening authority reduced the sentence to 5 months confinement and 1 month of hard labor without confinement, and suspended the confinement for 5 months. The character of the discharge is commensurate with the applicant's overall record of military service.
ARMY | BCMR | CY1995 | 9508496C070209
The applicant requests that the effective date of his promotion to pay grade E-6 be corrected to 13 October 1993. Although the order promoting the applicant specified that his date of rank would be the day after the 88th ARCOM ordered his promotion, the effective date of that promotion was necessarily the date the promotion order was published. 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 | 9508520C070209
APPLICANT STATES: In effect, that the contested OER should be removed because it was not prepared in accordance with the applicable regulation in that there is no indication on the report, as required by regulation, to show that an officer, junior in rank to himself, was authorized to rate him. NEW EVIDENCE: In support of his application he submits copies of his and his raters promotion orders indicating that the applicant has a date of rank which precedes that of his rater. NOTE: The...
ARMY | BCMR | CY1995 | 9508528C070209
The applicant states that when she enlisted in the Army Reserve (USAR) from the Army National Guard (ARNG), the recruiter gave her a 6-year term of service instead of giving her the amount of time she had left on her statutory military service obligation (MSO). On 25 October 1991 she enlisted in the USAR in pay grade E-4 for 6 years, giving her a new ETS of 24 October 1997. That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY1995 | 9508529C070209
APPLICANT REQUESTS: That his records be corrected to reflect that he was awarded the Purple Heart and the Air Medal for service in Vietnam. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. The same regulation provides that the Air Medal is awarded to any person who, while serving in any capacity in or with the US Army will have distinguished himself or herself by meritorious...
ARMY | BCMR | CY1995 | 9508551C070209
His DD Form 214 of that date shows that the date that he entered active duty for this period (block 12a), i.e., the period covered by the DD Form 214, was 4 April 1977; the net active service for this period, was 15 years, 9 months, and 27 days; the total prior active service was 7 years, 6 months, and 14 days (block 12d); and the total prior inactive service was 7 years, 6 months, and 15 days (block 12e). That regulation states, in pertinent part, that the beginning date of the enlistment...
ARMY | BCMR | CY1995 | 9508557C070209
In support of his application he submits a letter from an Army inspector general in which it is stated that his investigation showed that the SLRP addendum the applicant signed when he enlisted in the ARNG contained the statement My entitlement [to the SLRP] will be terminated if I am separated from the Selected Reserve of the Army. The IG also stated that the applicants recruiter acknowledged to him that he was not aware that the applicant would lose his SLRP and MGIB if he was...
ARMY | BCMR | CY1995 | 9508584C070209
On 19 April 1962, the applicants commander submitted a request recommending that the applicant be discharged under Army Regulation 635-209 for apathy, and that he be awarded a general discharge certificate. The applicants DD Form 214, which he signed, indicated that he was discharged on 10 May 1962, in pay grade E-1, under Army Regulation 635-209, paragraph 3b, with a general discharge certificate; that he had completed a total of 1 year, 3 months, and 27 days active military service;...
ARMY | BCMR | CY1995 | 9508617C070209
The order removing the applicant from the TDRL and permanently retiring him should be amended to show his rank as SP4. The applicant should be issued a certificate of retirement showing his rank and pay grade as SP4 E-4. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was removed from the from the TDRL and permanently retired in the rank of SP4 on 1 March 1982, and b. by issuing the individual...
ARMY | BCMR | CY1995 | 9508623C070209
Information contained herein was obtained from the applicants USAR records and show: The applicant enlisted on 27 July 1962 for a period of 3 years. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Army Regulation 672-5-1 also indicates that the AFEM was awarded for service in the Dominican Republic during the period 28 April 1965 to 21 September 1966.
ARMY | BCMR | CY1995 | 9508624C070209
The applicant requests correction of his records to reflect that he was awarded the Purple Heart for wounds received in Vietnam. He states that he suffered shrapnel wounds in Vietnam and was medically evacuated because of them. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds sustained on 23 June 1968 as the result of enemy action in Vietnam.
ARMY | BCMR | CY1995 | 9508626C070209
He states that his application was denied because he had 15 years and 8 months of active service which was more than was permitted for entry into the program. In letters of 9, 17 and 19 January 1995 the Office of the Chief, Army Reserve (OCAR) advised the applicant that he was not eligible for entry into the program based on a calculation of his active federal service (AFS) which determined that he actually had completed 15 years, 8 months of AFS (instead of the 14 years, 2 months and 21...
ARMY | BCMR | CY1995 | 9508636C070209
EVIDENCE OF RECORD: The applicant's military records show: He enlisted on 4 November 1940 and on 7 December 1944 received a battlefield commission as a second lieutenant. The injury for which he is requesting another award of the Purple Heart occurred on 16 August 1944 when he was accidentally thrown from a truck landing on his back on the road. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.