ARMY | BCMR | CY1995 | 9509207C070209
The applicant requests, in effect, correction of his military records to show that he was returned to active duty after removal from the Temporary Disability Retired List (TDRL) and that he be authorized separation pay for his many years of honorable service. Therefore, in the interest of justice, it would be appropriate to correct the applicants records to show that he was removed from the TDRL on 5 March 1991, recalled to active duty effective 6 March 1991, and honorably discharged on 1...
ARMY | BCMR | CY1995 | 9509208C070209
The applicant requests correction of his military records by canceling person with insurable interest (daughter) beneficiary and by changing the date of his RC-SBP (Reserve Component Survivor Benefit Plan) participation from 16 July 1984 to 11 January 1987 with the beneficiary being his current spouse. Public Law 95-397, effective 1 October 1978, extended eligibility for coverage under the SBP to members and former members of the Reserve Components (RC) who had 20 or more years of...
ARMY | BCMR | CY1995 | 9509213C070209
The applicant requests that his undesirable discharge (UD), issued as a result of separation in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation (AR) 635-200, for absence without leave (AWOL), be upgraded to honorable. The applicants military record shows that he was an excellent soldier from the time of his enlistment until he went AWOL on 12 March 1974. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense...
ARMY | BCMR | CY1995 | 9509256C070209
The applicant requests correction of his military records by computing his retired pay based on the pay of a captain (O-3) with more than 4 years of enlisted service (O-E3) vice O-3. The Department of Defense Military Pay and Allowances Entitlements Manual provides in part one, paragraph 10105, that commissioned officers in pay grade O-1, O-2 or O-3 are entitled to the special rate of pay for O-E1, O-E2 or O-E3, if the officer has had more than 4 years of active service as an enlisted...
ARMY | BCMR | CY1995 | 9509257C070209
APPLICANT REQUESTS: That his reentry (RE) code be changed from RE-3C to RE-1A on his DD Form 214, Certificate of Release or Discharge from Active Duty. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army for 2 years on 14 November 1986 in pay grade E-1, reenlisted for 4 years on 20 May 1988 in pay grade E-3, and was honorably released from active duty on 13 February 1992 in pay grade E-4 and transferred to a USAR unit the following day. Pertinent Army...
ARMY | BCMR | CY1995 | 9509262C070209
The applicant states that she met the promotion point cut-off score for promotion to the pay grade of E-6 on 1 July 1995, but was not timely notified that she was required to extend her enlistment for a period of 3 months in order to meet the service remaining requirement (1 year of remaining service) for promotion. Consequently, she was promoted to the pay grade of E-6 on 7 July 1995. The notice also informed the commander that the applicant must take action to meet the service remaining...
ARMY | BCMR | CY1995 | 9509267C070209
A USAR commissioned officer vacates his reserve appointment when he accepts an appointment as a reserve of the Army, in a warrant officer grade, for service in the Army reserve. When the applicant, as a USAR captain, accepted an appointment as a USAR warrant officer on 1 September 1987, he vacated his USAR captain status. Since his commissioned officer status was terminated upon his appointment as a warrant officer he no longer has status as a captain and is, therefore, not eligible for...
ARMY | BCMR | CY1995 | 9509319C070209
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. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu...
ARMY | BCMR | CY1995 | 9509336C070209
APPLICANT REQUESTS: That her educational loans be paid under the provisions of the Student Loan Repayment Program (SLRP) addendum she executed with her reenlistment contract. She remained assigned to that unit, was promoted to pay grade E-5, and reenlisted for 6 years on 10 September 1985, giving her an expiration of her term of service (ETS) of 9 September 1991. These payments continue on a yearly basis unless the soldier loses eligibility by being separated from his or her unit.
ARMY | BCMR | CY1995 | 9509346C070209
APPLICANT REQUESTS: In effect, Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 28 July 1986, the commander notified the applicant that he was initiating action for discharge under the provisions of Army Regulation 635-200, chapter 5-13, for personality disorder. On 7 August 1986, the applicant was discharged in pay grade E-6 under the provisions of Army Regulations 635-200, chapter 5-13, (personality disorder), with an...
ARMY | BCMR | CY1995 | 9509356C070209
APPLICANT REQUESTS: The applicant requests that the Separation Program Designator (SPD) on his DD Form 214, Certificate of Release or Discharge From Active Duty, for the period covering 30 September 1980 through 27 August 1991, be corrected to a code which would entitle him to full separation pay. The DD Form 214 he was issued shows that he was assigned the SPD of BNC. Army Regulation 635-120, Officer Resignations and Discharges, chapter 4, provides for any officer to tender a resignation...
ARMY | BCMR | CY1995 | 9509357C070209
He states, in effect, that the Army did not properly account for his qualifying service for retired pay at age 60, and that he is sure he had served 20 qualifying years at the time he elected to be transferred to the Retired Reserve. The applicants records show that a statement of service (retirement points) was prepared on 18 April 1975 which indicates that the applicant had 19 years, 10 months, and 23 days of qualifying service for retirement purposes at the time he was transferred to...
ARMY | BCMR | CY1995 | 9509370C070209
The applicant requests correction of his military records to reflect entitlement to the Kuwait Liberation Medal and award of and Army Commendation Medal and two Army Achievement Medals. The evidence confirms the applicant served in Southwest Asia between September 1990 and April 1991 and as such is entitled to the Kuwait Liberation Medal(SA) awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal(K) awarded by the Government of Kuwait. That all of the Department of the Army...
ARMY | BCMR | CY1995 | 9509377C070209
He outlines the errors he believes were made by the Army in his treatment, in the lessening of the rating recommended by both informal and formal physical evaluation boards (PEBs) by the Physical Disability Agency (PDA), and that agencys subsequent conclusion that his condition was not incurred while he was in a duty status and, therefore, not entitled to be separated due to disability with severance or retired pay. In support of his application he submits letters from the civilian...
ARMY | BCMR | CY1995 | 9509383C070209
APPLICANT REQUESTS: That his records be corrected to show that he was honorably discharged on 19 October 1963. 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 19 October 1966.
ARMY | BCMR | CY1995 | 9509392C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. However, inasmuch as he separated from active duty under the Voluntary Separation Incentive (VSI) Program (VSIP), he is obligated to remain in the USAR in some capacity as a condition of receiving his annual VSI payments. Although it is a requirement for USAR soldiers to request transfer to the Retired Reserve or another USAR Control Group in lieu of being...
ARMY | BCMR | CY1995 | 9509396C070209
She states, in effect, that she served as an Army Nurse in the South Pacific for over 17 months but that information is not reflected on her discharge papers. The applicant served overseas as an officer for over 2 years. She was promoted to first lieutenant on 1 May 1945 and was separated from active service effective 7 January 1946.
ARMY | BCMR | CY1995 | 9509398C070209
The applicants counsel contends that the applicant was reduced in rank as a result of a sentence by a special court-martial on 2 May 1992, however, the sentence was not approved until 27 May 1992; therefore, the applicants date of rank on his DD Form 214 should be 27 May 1992. In view of the foregoing findings and conclusion, it would be appropriate to correct the applicants records as recommended below. That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY1995 | 9509403C070209
APPLICANT REQUESTS: In two applications, the removal of a memorandum of reprimand (MOR) dated 12 June 1992 and an officer evaluation report (OER) covering the period 1 June 1992 through 13 June 1992 from his Official Military Personnel File (OMPF), or as an alternative that they be transferred to the restricted fiche of his OMPF. The applicant submitted rebuttals to both the MOR and the contested OER on 19 June 1992, the contents of which were essentially the same. The applicant was...
ARMY | BCMR | CY1995 | 9509441C070209
APPLICANT REQUESTS: In effect, correction of her military records to show that based on her education her pay grade at the time of her enlistment should have been E-3 rather than E-1. The evidence of the record, shows that the applicant attended a technical institute, however she did not receive a certificate or diploma. Therefore, the applicant did not meet the requirements authorizing enlistment in the grade of E-2 or E-3.
ARMY | BCMR | CY1995 | 9509447C070209
APPLICANT REQUESTS: Correction of his separation document (DD Form 214) dated 6 June 1968 to reflect that he was discharged in the pay grade of E-4. EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted on 29 February 1960 for a period of 3 years and served until he was honorably discharged on 19 February 1963. On 18 April 1967, while stationed in Okinawa, nonjudicial punishment (NJP) was imposed against the applicant for disobeying a lawful order from a...
ARMY | BCMR | CY1995 | 9509449C070209
On 6 June 1978 the applicants commanding officer initiated action to discharge the applicant under the provisions of Army Regulation 635-200, chapter 9, for alcohol abuse. Paragraph 9-2 of that regulation states, in effect, that a soldier enrolled in the alcohol and drug abuse prevention and control program may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program when there is a lack of potential for continued Army service...
ARMY | BCMR | CY1995 | 9509453C070209
The applicant requests that he be relieved of financial liability in the amount of $4,291.50 (1 months basic pay) imposed against him by Reports of Survey (ROS) 120-33-91 and 120-34-91. The applicant contends that the subject ROSs were not completed in accordance with applicable regulations: that he was never contacted by the SO (surveying officer) for his input into the investigation; that he was not provided with a complete copy of the ROSs or given the opportunity to rebut the...
ARMY | BCMR | CY1995 | 9509464C070209
His activation orders, issued by the XX United States Army Corps, specifically state that he was being ordered to active duty for the purpose of training (ACDUTRA). Again the orders specifically state the applicant was being ordered to active duty for the purpose of training. It is clear, based on the various documents which ordered the applicant to active duty, that his final period of active service, 28 September 1968 through 27 April 1969, was not for the purpose of training but rather...
ARMY | BCMR | CY1995 | 9509474C070209
APPLICANT STATES: That he was charged with drunk driving and given NJP, but he was not driving. On his enlistment contract, he elected educational benefits under the Montgomery GI Bill which obligated him to contribute $100 a month for his first 12 months of service in order to receive a maximum basic benefit of $10,800 upon completion of his 4 year obligation with an honorable discharge [his actual contributions only totaled $1,157]. Upon hearing all of the testimony, the board voted to...
ARMY | BCMR | CY1995 | 9509480C070209
On 7 November 1992, 10 months and 11 day after initial receipt of RC-SBP packet, the FSM filed an Open Enrollment Election Certificate. However, if the service member died within 2 years following an election made during this open season, the election became void. 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.
ARMY | BCMR | CY1995 | 9509489C070209
In support of his application he submits a VA rating in which he was granted a disability rating for physical problems which are considered by VA to be service related, as a result of his exposure to Agent Orange in Vietnam. On 27 February 1973 a message change to Army Regulation 635-40 was dispatched which stated [W]hile a member may have medical conditions or physical impairments ratable under the Veterans Administration Schedule for Rating Disabilities, he will not be retired or...
ARMY | BCMR | CY1995 | 9509491C070209
Therefore, the code he was assigned, RE-3C, is in error. RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280. However, the applicant is also correct that, by his declination to obligate himself to sufficient service to fulfill the service commitment...
ARMY | BCMR | CY1995 | 9509524C070209
The applicant requests that his WD AGO Form 53-55, Report of Separation, be corrected to reflect that he was awarded the World War II Victory Medal, the Army of Occupation Medal for Austria and the Combat Medical Badge. Army Regulation 600-8-22, Military Awards, provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, and the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty while assigned...
ARMY | BCMR | CY1995 | 9509549C070209
The applicants military record contains a DD Form 214 for each of his periods of service except the periods 29 July 1947 through 9 May 1950 and 10 May 1950 through 29 April 1956. It further provided that decorations awarded or authorized during the period covered by the DD Form 214 would be entered in item 26. It appears that the DD Form 214 covering the period 30 April 1956 to 29 April 1962 should have accounted for the period of service from 29 July 1947 through 29 April 1956 as well,...
ARMY | BCMR | CY1995 | 9509553C070209
APPLICANT REQUESTS: In effect, that he be credited with 20 qualifying years for retirement or that he be allowed to reenter the active reserves so he can complete the necessary 5 years towards retirement. He enlisted in the U.S. Army Reserve on 24 September 1973. When the applicant received his annual statement for retirement year ending 23 September 1974 and saw that he was credited with zero qualifying service for retirement, he had an obligation to himself at that time to query ARPERCEN...
ARMY | BCMR | CY1995 | 9509576C070209
Army Regulation 601-210, table 3-6, then in effect, listed the various RE codes and describes the reason(s) a soldier is assigned a particular code. The code RE-3C applied to persons who have completed more than 4 months service who did not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who had been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280. The applicant has not presented and...
ARMY | BCMR | CY1995 | 9509579aC070209
APPLICANT REQUESTS: Reconsideration of his application in order that he receive separation pay; that he receive Army Career and Alumni Program (ACAP) services; that unfinished dental work, which was initiated while he was on active duty, be completed; and that he be made eligible for reentry to active or Reserve service. The applicant acknowledged notification and, after consulting with legal counsel, requested a formal hearing before a board of officers. Because the applicant was in civil...
ARMY | BCMR | CY1995 | 9509582C070209
APPLICANT REQUESTS: That her reentry (RE) code be upgraded and that her overseas service ribbon be added to her DD Form 214. Accordingly, on 14 February 1991 the applicant was given a general discharge under the provisions of Army Regulation 635-200, paragraph 15-3b, Homosexuality. Also, her RE code was based upon the reason for discharge which has not been changed.
ARMY | BCMR | CY1995 | 9509596C070209
APPLICANT REQUESTS: In effect, promotion reconsideration to the rank of captain in the USAR. EVIDENCE OF RECORD: The applicant's military records show: The applicant was commissioned as a USAR second lieutenant on 16 May 1986. It opined that a review of the applicants records revealed that his records were complete when considered by the 1993 Department of the Army Reserve Components Selection Board and that the applicant has no basis for reconsideration by a promotion advisory board.
ARMY | BCMR | CY1995 | 9509602C070209
His unit clerk told him that since he had enlisted for 3 years, he could extend his enlistment for an additional 3 years and establish eligibility for the MGIB. On 1 December 1994 the applicant completed a DA Form 4836, Oath of Extension of Enlistment or Reenlistment, in which he extended his 2 November 1993 3-year enlistment for an additional 3 years. Since it was the applicants stated intent to enlist for the MGIB, it would be equitable to correct the term of service on his enlistment...
ARMY | BCMR | CY1995 | 9509605C070209
APPLICANT STATES: She was entitled to the SLRP based on her reenlistment and, therefore, retention personnel should have included the SLRP addendum in her reenlistment contract. Entitlement to the SLRP will stop if the soldier contracted for an MOS authorized by Department of the Army for SLRP entitlement and moves to an ineligible MOS, or is reclassified. Obviously, the applicant did not need any additional incentives to reenlist.
ARMY | BCMR | CY1995 | 9509606C070209
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 13...
ARMY | BCMR | CY1995 | 9509626C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Purple Heart. EVIDENCE OF RECORD: The applicant's military records show: He was inducted on 18 November 1969. There is no evidence in the record that he suffered a wound or injury resulting from hostile action that would qualify him for award of the Purple Heart.
ARMY | BCMR | CY1995 | 9509631C070209
EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army on 20 June 1977 and has served continuously to the present time. On 21 October 1994, he was offered, and accepted, a first sergeant (1SG) position with Company C, 787th MP Battalion, Training Brigade. First Sergeant assignment policy at Fort McClellan relies upon an Order of Merit List (OML) on which all eligible NCOs desiring 1SG positions are placed.
ARMY | BCMR | CY1995 | 9509641C070209
The survey officer concluded that the losses were the result of a lack of timely inventory by the applicant, but recommended that he be relieved of liability while the incoming commander be held financially liable because of his having signed for the property without inventorying it. In the processing of this case, the United States Army Logistics Integration Agency (USALIA) provided an opinion recommending that the applicant be relieved of financial liability. For example, the incoming...
ARMY | BCMR | CY1995 | 9509652C070209
The applicant requests, in effect, that his records be corrected to reflect entitlement to incapacitation pay, payment of incurred medical expenses and disability retirement. According to medical statements from a medical association in Dallas, Texas the applicant sought non-emergency medical treatment for injuries resulting from his motor vehicle accident on 17 August, 28 August, 14 October and 9 November 1992. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1995 | 9509653C070209
APPLICANT REQUESTS: That his retirement for years of service be corrected to a medical retirement. During that rating period he had been performing duties in his primary MOS of chemical specialist. A 10 percent disability does not warrant a medical retirement from the Army.
ARMY | BCMR | CY1995 | 9509654C070209
On 21 May 1970, while serving in Vietnam, he reenlisted, in pay grade E-3, for 3 years. On 12 January 1971, the applicants commander submitted a request recommending that the applicant be required to appear before a board of officers convened under Army Regulation 635-212 for the purpose of determining whether he should be discharged before the expiration of his term of service. The applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates that...
ARMY | BCMR | CY1995 | 9509682C070209
The applicant states, in effect, that he was denied reimbursement because his adoption procedures had been finalized prior to 5 December 1991 and there were no retroactive provisions provided for in the implementing legislation. On 11 August 1992, while serving as an Active Guard Reserve (AGR) member of the Texas Army National Guard in the pay grade of E-5, the applicant submitted an application to the Defense Finance and Accounting Service (DFAS) for reimbursement of expenses in the amount...
ARMY | BCMR | CY1995 | 9509696C070209
When he was honorably discharged on 11 February 1946 in order to reenlist, the record showed that, from 1939 to 1946, a period of 6 years, 4 months, and 15 days, the applicant had 2 years, 6 months, and 4 days of lost time under Article of War 107 due to AWOL, desertion, and confinement. He was tried and convicted by a general court-martial in 1940 and sentenced to confinement and a DD. His final AWOL in October 1951 appears to have been a genuine desertion as he had forsaken his military...
ARMY | BCMR | CY1995 | 9509700C070209
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. The SPD "JEM" denoted a person who was discharged under the provisions of paragraph 5-33, Army Regulation 635-200, Trainee Discharge Program. The code of RE-3 assigned to the applicant was appropriate for both the Trainee Discharge Program and the Expeditious Discharge Program.
ARMY | BCMR | CY1995 | 9509703C070209
On 18 April 1978, he enlisted in the Regular Army, in pay grade E-1, for 3 years. On 24 January 1992, the commander indicated that he had presented the notification of the DA bar to reenlistment, explained the available options, and counseled the applicant on his rights, the provisions of the Enlisted Qualitative Early Separation Program, and Army Regulation 635-200. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.
ARMY | BCMR | CY1995 | 9509706C070209
He was found guilty of all charges and specifications and sentenced to be reduced to private E-1, to forfeit all pay and allowances, to pay the US government a fine of $20,000.00, to be confined at hard labor for 20 years and to be dishonorably discharged from the service. On 2 February 1990, after 6 years and 9 months of confinement, he was released on parole, and effective 17 April 1995 the unexecuted portion of his sentence was remitted by the Secretary of the Army. Fines are not...
ARMY | BCMR | CY1995 | 9509709C070209
For example, a noncommissioned officer who receives above average evaluation reports and passes Army Physical Fitness Tests (which have been modified to comply with the individuals physical profile limitations) after the individual was diagnosed as having the medical disqualification would probably be found to be fit for duty. The OTSG points out that the applicant accepted the decision to discharge him with a 20 percent disability rating. The significant events in this case appear to...