ARMY | BCMR | CY1995 | 9508646C070209
Those errors in his records, along with the illegal utilization of continuation boards to reduce the AGR force, resulted in his failure to be selected for continuation on active duty. The CAR also stated that the flags were not seen by the continuation board. The applicant's military records show that while serving as a major on active duty in the AGR program, on 18 March 1993 the applicant was notified that he had considered by the USAR AGR Officer/Sergeant Major Continuation Board...
ARMY | BCMR | CY1995 | 9508649C070209
APPLICANT REQUESTS: In effect, that his USAR discharge be voided and that he instead be transferred to the Retired Reserve. 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 7 January 1987.
ARMY | BCMR | CY1995 | 9508711AC070209
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 | 9508719C070209
She further states that she entered active duty on 8 January 1991 and provides a copy of her order to active duty in support of her application. The applicants DD Form 214 indicates that the applicant entered active duty on 1 February 1991 and served for a period of 5 months and 9 days before being released from active duty on 10 July 1991 and transferred back to her USAR unit in Tampa, Florida. Therefore, the applicants DD Form 214 dated 10 July 1991 should be corrected to reflect that...
ARMY | BCMR | CY1995 | 9508725C070209
A 20 November 1995 advisory opinion from an official of the office of the Chief of the Army Reserve indicates that the applicant enlisted in the Army Reserve on 29 October 1987 for the student loan repayment program, and after basic training, requested to be discharged from the Army Reserve upon his enlistment in the New Mexico ARNG as an ROTC SMP cadet. He enlisted in the ARNG on 28 September 1988. There was no record that the applicant was an unsatisfactory participant while assigned to...
ARMY | BCMR | CY1995 | 9508744C070209
APPLICANT REQUESTS: That his administrative medical discharge from the ARNG be corrected to a medical retirement. On 17 March 1993 the applicant submitted a letter to his commander requesting that he be discharged due to his shoulder problems, stating that he would not be able to perform his military duties. Accordingly, on 1 July 1993 the applicant was honorably discharged from the ARNG and as a reserve of the Army due to medical disqualification.
ARMY | BCMR | CY1995 | 9508752C070209
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. Based on the evidence of record, it does not appear that the applicant suffered a combat wound of the type that would traditionally be reflected on the report of separation as a wound received in action. However, in view of the fact that the Board was not established until 2 January 1947 the...
ARMY | BCMR | CY1995 | 9508765C070209
APPLICANT REQUESTS: That all adverse documentation be removed from the restricted portion of his official military personnel file (OMPF) fiche, and that his relief for cause noncommissioned officer evaluation report (NCOER) be removed from the performance portion of his OMPF. EVIDENCE OF RECORD: The applicant's military records show: He entered on active duty in the AGR program as a field recruiter in pay grade E-5 on 3 April 1983. Letters of reprimand may be filed in a soldier's OMPF only...
ARMY | BCMR | CY1995 | 9508767C070209
The applicant request, in effect, correction of the military records of her late husband, the former service member (FSM), by honoring the open enrollment election for Supplemental Survivor Benefit Plan (SSBP) coverage and waive the 2 year survivorship requirement. He died on 30 March 1995, 2 days before the SSBP coverage became effective. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by waiving the 2 days needed to meet the 2-year...
ARMY | BCMR | CY1995 | 9508778C070209
The officer will not be considered for a reserve of the Army promotion until at least 1 year after the date of return to an active status. HQDA will remove the name of an officer from a selection list who was ineligible for selection because he or she was removed from an active status before promotion was finalized or was in an active status in error at the time of consideration. The promotion regulation clearly indicates that his record should not have been considered by the selection...
ARMY | BCMR | CY1995 | 9508791C070209
APPLICANT STATES: That the Total Army Personnel Command (PERSCOM) has not counted his enlisted service due to their misinterpretation of laws and regulations which govern creditable service. The Department of Defense Military Retired Pay Manual (DODMRPM) was applied, which states that time spent in any of the service academys is not creditable. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record,...
ARMY | BCMR | CY1995 | 9508798C070209
However, the reviewing authority commuted the death sentence to a suspended dishonorable discharge, total forfeiture of pay and allowances, and confinement at hard labor for a period of 20 years. 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. The record of trial shows that he was apprised of the charges against him prior to the court-martial and during the proceedings he appeared as a witness in...
ARMY | BCMR | CY1995 | 9508802C070209
The applicant states that he submitted a request for promotion point revaluation (DA Form 3355-E) to his personnel administrative center (PAC) on 3 November 1994 to increase his promotion point total from 736 to 764. The applicant requested that the Total Army Personnel Command (PERSCOM) grant an exception to policy and that he be promoted to Staff Sergeant. Notwithstanding the PERSCOM opinion, the applicants reevaluated promotion point score of 764 should have been received and processed...
ARMY | BCMR | CY1995 | 9508806C070209
The applicant states that two other soldiers received an exception to policy, one because he did not have a seat for the May 1993 class; and the other after attending the May 1993 class, because he was not afforded the opportunity to attend BNCOC prior to the effective date of his promotion. On 17 November 1992 the applicants commanding officer requested an exception to the policy linking completion of BNCOC to promotion in order for the applicant to be promoted to pay grade E-6. On 16...
ARMY | BCMR | CY1995 | 9508824C070209
He further states that he successfully appealed the bar to reenlistment and was subsequently selected by the CY 1991 E-7 promotion selection board and was promoted to the pay grade of E-7 on 1 July 1991. It opined that the applicant was considered for promotion to the pay grade of E-7 by the CY 1988 E-7 promotion selection board and was barred to reenlistment under the QMP by that board. Army Regulation 600-200 serves as the authority for selection and promotion to pay grades E-7 through E-9.
ARMY | BCMR | CY1995 | 9508828C070209
APPLICANT REQUESTS: In effect, that the narrative reason for discharge be changed. On 8 March 1982, the applicant reenlisted for 6 years. On 22 November 1985, the applicant was notified that his commander was recommending a discharge under the provisions of Army Regulation 635-200, chapter 5-13, because of personality disorder with an honorable discharge.
ARMY | BCMR | CY1995 | 9508835C070209
She states that when she enlisted she had more than 30 college credits and should have been enlisted in the grade of PV2. The applicants records show that she enlisted in the Regular Army on 16 November 1994 as a PV1. Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, provides that an applicant who has completed 30 or more classroom semester hours at an accredited college or university shall be enlisted in grade PV2.
ARMY | BCMR | CY1995 | 9508878C070209
Title 10, United States Code, section 1203, provides for the physical disability separation (discharge with severance pay) of a member who has less than 20 years service and a disability rated at less than 30 percent. There is no evidence that the applicant had any medical problems while she was on active duty. Even if she had, she was found medically qualified for retention at her separation physical examination.
ARMY | BCMR | CY1995 | 9508885BC070209
The elimination board found that the applicant was unfit for further service because of sexual perversion and continual misconduct, and recommended that he given an undesirable discharge under the provisions of Army Regulation 615-368. In view of the foregoing conclusions, the applicants records should be corrected as recommended below. That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was separated from the...
ARMY | BCMR | CY1995 | 9508891C070209
APPLICANT 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 Voluntary Separation Incentive Program (VSIP). Service members who were approved for the VSIP had the option of receiving either the VSI or the SSB. On 5 June 1992 he submitted a request to change his election to separate under the SSB option instead of the VSI option.
ARMY | BCMR | CY1995 | 9508897C070209
She continued by stating that during her second and third date with the applicant they had sexual intercourse and she was not forced in any way. She was asked if she told the authorities if she had intercourse with both the applicant and the PFC. On 16 November 1955 the accuser and a male interpreter returned to the captain and told him that the applicant had forced her to have intercourse with him and during the act he had one of his friends take pictures.
ARMY | BCMR | CY1995 | 9508904C070209
The applicant requests, in effect, that he be reinstated to active duty, that his date of rank (DOR) be corrected, and that the senior rater (SR) profile on all of his officer evaluation reports (OER) be deleted. Paragraph 4-16b(5)a states, in effect, that the rated officers evaluation of potential by the SR is to be made by comparing the rated officers potential with all other officers of the same grade rated by the SR. That all of the Department of the Army records related to this case...
ARMY | BCMR | CY1995 | 9508906C070209
The applicant requests correction of his separation document (DD Form 214) dated 5 July 1991 to show that he was promoted to the pay grade of E-4 and that he was authorized awards of the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM), and the British Army Parachute Wings. The applicant states that he was promoted to the pay grade of E-4 and that his DD Form 214 prepared at the time of his separation did not contain all of his authorized awards. In support of his...
ARMY | BCMR | CY1995 | 9508907C070209
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. Although the applicant underwent surgery while he was on active duty, he was returned to duty following his two operations and convalescent leave. In order to have been eligible for separation due to medical unfitness while on active duty, he would...
ARMY | BCMR | CY1995 | 9508911C070209
APPLICANT REQUESTS: In effect, that he be reinstated to active duty or retired for length of service. The administrative separation board was allowed to consider such evidence in determining whether or not he should be separated from the service but could not consider it when determining the characterization of service. The applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and that he should be reinstated or...
ARMY | BCMR | CY1995 | 9508932C070209
APPLICANT REQUESTS: That the honorable discharge he received at the expiration of his term of service (ETS) be corrected to a medical retirement. Since the applicant's medical condition was not physically unfitting at the time of his separation, there was no basis to consider him for medical retirement or separation. The proper agency to handle any problems he is currently experiencing from the injury he received while on active duty is the VA. 5.
ARMY | BCMR | CY1995 | 9508943C070209
EVIDENCE OF RECORD: The applicant's military personnel and medical records show: He enlisted in the Regular Marine Corps on 31 March 1975, was promoted to pay grade E-3, was awarded the military occupational specialty (MOS) of radar repairman, and received a general discharge on 14 December 1976 for unknown reasons. Although a history of back pain was noted during that examination, the applicant was determined to be medically qualified for retention without any profile limitations. Those...
ARMY | BCMR | CY1995 | 9508945C070209
APPLICANT REQUESTS: In effect, an increase in his physical disability rating. The PEB found the applicant physically unfit for further military service and recommended that he be placed on Temporary Disability Retired List (TDRL) at 30 percent. The Commander, USA Physical Disability Agency, in a comment (COPY ATTACHED) to this Board, found no evidence of error or injustice and recommended that the records not be changed.
ARMY | BCMR | CY1995 | 9508951C070209
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. Under the qualitative screening subprogram, records for grades E-5 through E-9 are regularly screened by the DA promotion selection boards. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.
ARMY | BCMR | CY1995 | 9508964C070209
APPLICANT REQUESTS: That he be medically retired, with disability compensation, from the USAR. EVIDENCE OF RECORD: The applicant's military personnel and medical records show: On 24 February 1992, while serving as a master sergeant assigned to a USAR unit not on active duty, the applicant was determined medically disqualified for retention due to a herniation of his nucleus pulposa, a condition caused by an injury he incurred on his civilian job and for which he is receiving a Social...
ARMY | BCMR | CY1995 | 9508976C070209
APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart. He completed 10 years of formal education. The applicants military record indicates that he served honorably in Korea and Vietnam for a total of 33 months and the applicant received numerous awards for his honorable service.
ARMY | BCMR | CY1995 | 9508977C070209
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 Regulation 601-210, table 3-6, lists the various RE codes and describes the reason(s) a soldier is assigned a particular code. The applicant was assigned an RE-3 code because of her two nonjudicial punishments.
ARMY | BCMR | CY1995 | 9508980C070209
Persons who have completed more than 4 months service and who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280 are also given an RE code of RE-3. In accordance with applicable Army regulations, soldiers in grade E-3 are not eligible to reenlist if they have more than 24 months of service at the time of separation. An RE code of RE-3 is appropriate.
ARMY | BCMR | CY1995 | 9508987C070209
However, instead of being placed in the Retired Reserve, he was discharged. The applicant's military records show that he was notified at his address in Pennsylvania by the Army Reserve Personnel Center (ARPERCEN) on 22 May 1989 that he had attained eligibility for USAR retired pay, upon application, at age 60 (20 year letter). The applicant's honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time, since the applicant did not...
ARMY | BCMR | CY1995 | 9508994C070209
The applicant states that she completed a valid enlistment contract containing a SRIP addendum for a $5,000.00 SRIP bonus. She was later denied her SRIP bonus installment payments and told that the one SRIP payment she had already received would be collected back from her. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was entitled to a $5,000.00 SRIP skill bonus for MOS 94B; and b. by refunding...
ARMY | BCMR | CY1995 | 9509019C070209
APPLICANT REQUESTS: In effect, pay for his promotion from pay grade E-1 to E-2 and from E-2 to E-3. The applicants record indicates that he was again advanced to pay grade E-2. There is no evidence in his military records which indicates that he was not paid for his advancements to pay grade E2 or E-3.
ARMY | BCMR | CY1995 | 9509025C070209
EVIDENCE OF RECORD: The applicant's military records show: On 7 March 1984, he enlisted in the Regular Army. The facts and circumstances are not in the available records, however, on 29 September 1992, the applicant was honorably separated from active duty, in pay grade E-5, under AR 635-200, chapter 16-8, FY 92 Enlisted Voluntary Early Separation Program. The applicant voluntarily requested separation under the FY92 Enlisted Voluntary Early Separation Program with assignment to the Army...
ARMY | BCMR | CY1995 | 9509036C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds suffered in Vietnam. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army on 22 June 1970 and served 1 year, 6 months and 20 days in Vietnam as a light weapons infantryman. While the record shows that the applicant participated in combat operations and was awarded several medals for heroism, this fact, in itself, does not warrant award of the Purple Heart.
ARMY | BCMR | CY1995 | 9509051C070209
There is no evidence in the available records to show that the applicant was ever authorized or ever received any bonus entitlements. 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 4-year reenlistment on 3 November 1982 and any subsequent reenlistments until such time as RRB entitlements are exhausted. RECOMMENDATION: That all of the Department of the Army records related...
ARMY | BCMR | CY1995 | 9509065C070209
APPLICANT STATES: In effect, that the medical records verify that he was wounded twice as a result of direct combat. It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations. The Board has never denied an application simply because it was not submitted within the required time.
ARMY | BCMR | CY1995 | 9509103C070209
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 25 October 1955.
ARMY | BCMR | CY1995 | 9509116C070209
The applicant requests, in effect, that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail and transfer of USAR soldiers. In view of the foregoing and since the applicant meets the eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge...
ARMY | BCMR | CY1995 | 9509132C070209
On 1 March 1974, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, by reason of unfitness with a discharge UOTHC. On 7 March 1974, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 13, for unfitness with a discharge UOTHC. DETERMINATION: The subject application was not submitted within the time required.
ARMY | BCMR | CY1995 | 9509138C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail and transfer of USAR soldiers. In view of the foregoing and since the applicant meets the eligibility requirements for assignment to the Retired Reserve, it would be equitable and just to correct his military records by voiding his discharge of 6...
ARMY | BCMR | CY1995 | 9509159C070209
There are no entries in the medical record, however, that show he was treated for a wound as a result of enemy action. 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. There is no available evidence to show that the applicant sustained a wound or injury during his service that would entitle him to the Purple Heart.
ARMY | BCMR | CY1995 | 9509167C070209
The applicant requests that documents associated with her separation from the Army Reserve be corrected to reflect the correct spelling of her last name. The evidence confirms the applicants last name was misspelled on documents associated with her separation from the Army Reserve. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by reissuing documents associated with her separation from the Army Reserve showing the correct spelling of her...
ARMY | BCMR | CY1995 | 9509193C070209
He further states that his assignment manager informed him that his record was not reviewed by the last LTC promotion selection board; therefore, he should receive promotion reconsideration. It opined that the applicants records were reviewed by the 1993 and 1994 USAR LTC Promotion Selection Boards and that his AER was present in his records when reviewed by those boards. It states, in pertinent part, that Department of the Army Standby Advisory Boards (STAB) are formed to prevent any...
ARMY | BCMR | CY1995 | 9509199C070209
The medical advisor notes that the applicant expressed no reason for going AWOL other than the fact that he did not like the Army. Notwithstanding the foregoing conclusion, the Board notes that the applicant was past his ETS during all three periods of time he was declared AWOL, and he had not signed a consent affidavit to remain on active duty. That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was retained on...
ARMY | BCMR | CY1995 | 9509200C070209
The applicant states that his secondary MOS was inadvertently omitted from his DD Form 214. It states Enter the primary MOS or AOC [area of concentration], and all additional MOS/AOC served for a period of one year or more. CONCLUSIONS: 1. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the DD Form 214 of the individual concerned, for the period of service ending 19 July 1995, have 71L20 entered in item 11, Primary...
ARMY | BCMR | CY1995 | 9509204C070209
APPLICANT REQUESTS: That her discharge due to parenthood be corrected to a medical retirement. Consequently, due to the two concepts involved, an individuals 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. She has not submitted any evidence which would show that her physical examination was...