ARMY | BCMR | CY1995 | 9509744C070209
APPLICANT REQUESTS: That his DD Form 214, Release or Discharge from Active Duty, be corrected to reflect that he was awarded the Kuwait Liberation Medal (KLM), the Combat Medical Badge and the Army Commendation Medal (ARCOM). There is no evidence in the record and the applicant has provided no evidence to indicate that he was awarded the ARCOM. Accordingly, the ARPERCEN will be requested to correct his records to show he was awarded the Combat Medical Badge.
ARMY | BCMR | CY1995 | 9509747C070209
The applicant requests that the separation program designator (SPD) code on his DD Form 214, Certificate of Release or Discharge, be corrected to show that bonuses are not to be recouped. In accordance with the options available to him, he could accept reclassification into another MOS or request discharge because of an unfulfilled enlistment contract. A member of the staff of the Board contacted the Defense Finance and Accounting Service and ascertained that the enlistment bonus paid to...
ARMY | BCMR | CY1995 | 9509751C070209
APPLICANT REQUESTS: Correction of his military records by changing the date of his reenlistment from 26 June 1991 to 26 December 1991. The opinion of the OCAR was that the applicants reenlistment date should not be changed as requested. Since the OCAR has updated the Department of Defense records to reflect the applicants correct eligibility date of 26 June 1991, this action has, in effect, extended the applicants time for use of this entitlement as long as he remains a member of the...
ARMY | BCMR | CY1995 | 9509887C070209
APPLICANT REQUESTS: That his undesirable discharge (UD) be upgraded to honorable. Therefore, on 22 August l975, he was discharged under the provisions of AR 635-206 for a civil court conviction with a UD. The U.S. Court of Appeals, observing that applicants to the Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (AR 15-185, paragraph 8), effectively shortens that filing period, has determined that the 3 year limit on...
ARMY | BCMR | CY1995 | 9509894C070209
On 2 August 1977, 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. 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. DETERMINATION: The subject application was not submitted within the time required.
ARMY | BCMR | CY1995 | 9509906C070209
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 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. 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 | 9509927C070209
When awards were presented to his unit he was still in the hospital and did not receive his Purple Heart. 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. While the evidence of record shows that the applicant was treated for an injury to his ear drums, it does not show that the injury was the result of hostile action.
ARMY | BCMR | CY1995 | 9509965C070209
EVIDENCE OF RECORD: The applicant's military records show: After serving 2 years and 10 months of prior service, the applicant again enlisted in the Regular Army on 23 May 1989 for a period of 6 years. The applicants contention that he was denied the opportunity to submit matters relevant to his appeal is also without merit. The applicant has provided no evidence to show that he was denied the opportunity to submit matters in his own behalf with his appeal.
ARMY | BCMR | CY1995 | 9509985C070209
In part IVa, values/NCO responsibilities, the applicant received a no rating under Is committed to and shows a sense of pride in the unit - works as a member of the team. The supporting comments indicate that the applicant had constant disagreements with the chain of command that resulted in his inability to work as a team player. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment. The applicant has failed to show through the evidence submitted or the...
ARMY | BCMR | CY1995 | 9509991C070209
COUNSEL CONTENDS: In effect, that by changing the reason for separation from a pattern of misconduct to commission of a serious offense, the chain of command denied the applicant due process by denying him the opportunity for rehabilitation. The applicant was counseled by his first sergeant on 3 May 1993 for commission of a serious offense and demonstrating a pattern of misconduct. On 7 June 1993, the appropriate authority waived rehabilitative efforts and approved the applicants...
ARMY | BCMR | CY1995 | 9509998C070209
He was also advised of the effects of a discharge UOTHC. On 5 October 1964, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-206, due to a conviction by a civil court with a discharge UOTHC. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
ARMY | BCMR | CY1995 | 9509999C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant was ordered to active duty in support of Operation Desert Storm on 1 February 1991 and was separated on 23 March of that same year. A 27 February 1995 VA medical report indicates that the applicant has spinal stenosis with degenerative lower lumbar spine. Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued...
ARMY | BCMR | CY1995 | 9510004C070209
The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. He had completed 4 years of honorable military service. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215 (Corrections to the DD Form 214), Certificate of Release or Discharge by showing that the individual concerned was honorably discharged on 8 August 1993, and received...
ARMY | BCMR | CY1995 | 9510009C070209
The applicant states that he was separated under the Special Separation Benefits (SSB) program and should only have been assigned an RE-3S on his DD Form 214. His DD Form 214 shows that he had completed a total of 16 years and 15 days of active service and was assigned RE codes of RE-3 and RE-3S. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by deleting the RE-3 code on the DD Form 214 of the individual concerned for the period of service...
ARMY | BCMR | CY1995 | 9510012C070209
After 2 years of searching for a new unit without success, he was told that he had been eligible for a bonus as an instructor during the 2 years he had been looking for a new unit, but his MOS had then been removed from the SRIP list, making him ineligible for a bonus. Individuals who reenlist for a critical skill must have a valid position vacancy which requires the MOS authorized the SRIP, be MOS qualified for the position at the time of reenlistment, and be of the proper grade for the...
ARMY | BCMR | CY1995 | 9510016C070209
APPLICANT STATES: In effect, that she was activated to serve in Operation Desert Storm; that, while serving with the 892d Transportation (Trans) Company (Co) in Saudia Arabia, she became pregnant and was sent home; that she received a letter, dated 24 July 1991, stating that she was reassigned to the 657th Trans Co, with her first drill date as 3 August 1991; that she attended the August, September, and October drills; that, during the month of November, she started to experience...
ARMY | BCMR | CY1995 | 9510026C070209
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. The time for the applicant to file a request for correction of any error or injustice expired on 5 October 1994.
ARMY | BCMR | CY1995 | 9510027C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 1 January 1995, the applicant was discharged, in pay grade E-6, under the provisions of Army Regulation 635-200, paragraph 16-8 (Early Release Program - Voluntary Separation Incentive), with an honorable discharge. Army Regulation 635-200 sets forth, policy and prescribes procedures for separation of enlisted personnel.
ARMY | BCMR | CY1995 | 9510032C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. The bar to reenlistment was based on the applicants record of service, his duty performance and future potential for retention in the Army. On 11 April 1989, the applicant was discharged, in pay grade E-5, under the provisions of Army Regulation 635-200, paragraph 5, (HQDA Imposed Bar To Reenlistment) with an honorable character of service.
ARMY | BCMR | CY1995 | 9510035C070209
His enlistment contract indicates he enlisted for training in specialty 98G (Electronic Warfare/Signal Intelligence Voice Interceptor) and participation in the Student Loan Repayment Program. The evidence of record confirms the applicant was eligible for and enlisted in the Army Reserve with the understanding that he would receive the SLRP as an enlistment option. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY1995 | 9510041C070209
After serving 3 years, 8 months, and 29 days of total active service, he reenlisted on 13 August 1992 for a period of 2 years in the pay grade of E-4. Army Regulation 635-200 serves as the authority for the separation of enlisted personnel from active duty. Personnel separated under the provisions of paragraph 16-8 will be notified of the separation by appropriate commanders and provided the basis for the separation.
ARMY | BCMR | CY1995 | 9510058C070209
EVIDENCE OF RECORD: The applicant's military personnel and dental records show: On 6 September 1989 he enlisted in the Regular Army with no prior service, was promoted to pay grade E-4, was awarded the military occupational specialty of armor crewman, and was released from active duty at the expiration of his term of service on 5 September 1993 and transferred to the USAR Control Group (Reinforcement) the following day. The DD Form 214 issued at that time, item 17, Member was provided...
ARMY | BCMR | CY1995 | 9510067C070209
APPLICANT REQUESTS: That he be issued the Bronze Star Medal (BSM) that he was awarded in Vietnam. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed...
ARMY | BCMR | CY1995 | 9510085C070209
In that memorandum, the PERSCOM stated that the applicant attained promotion eligibility to first lieutenant on 22 June 1994, and that he should submit an application to the Board to correct his date of promotion. Army Regulation 600-8-29, paragraph 2-1, states that second lieutenants who receive their commission due to their completion of OCS will be given an active duty date of rank as the date they accepted their initial appointment. RECOMMENDATION: That all of the Department of the...
ARMY | BCMR | CY1995 | 9510092C070209
It opined, in effect, that the applicant was on active duty on 1 June 1974 and therefore was entitled to receive a RRB of up to $2,000.00 beginning with his first reenlistment and subsequent reenlistments until such time as the maximum amount had been paid. In the absence of evidence to show he received an RRB and in light of the determinations from the PERSCOM and the DFAS that the applicant was eligible to receive the RRB, the applicant should be paid the RRB for his 2-year reenlistment...
ARMY | BCMR | CY1995 | 9510096C070209
APPLICANT REQUESTS: That his records be corrected to show that his Basic Active Service Date (BASD) is 8 June 1977. APPLICANT STATES: In effect, that he initially entered onto active duty in the Regular Army on 8 June 1977 and it should never change. EVIDENCE OF RECORD: The applicant's military records show: During the period 5 June 1977-9 September 1983 (6 years, 3 months and 5 days), the applicant served in the Regular Army (RA), as a Medical Service Corps officer.
ARMY | BCMR | CY1995 | 9510103C070209
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 | 9510160C070209
APPLICANT STATES: That his private physician and a medical officer at Kimbrough Army Hospital at Fort Meade, Maryland, have told him that his injury was new and separate from his prior existing back problem and should not be considered pre-existing. On 18 November 1994 the Total Army Personnel Command (PERSCOM) notified the Chief, Army National Guard Bureau, that administrative and legal reviews, and a medical opinion from The Surgeon General, concerning the applicants LOD and his appeal...
ARMY | BCMR | CY1995 | 9510197C070209
He continues by stating that a review of his records will show that he was clearly in the top 20% of captains being considered for promotion to RA major and that there is not a logical explanation other than undue influence to explain his nonselection. He was promoted to the rank of captain in the RA on 8 July 1970 and to the rank of major in the Army of the United States on 25 February 1971. The time for the applicant to file a request for correction of any error or injustice expired on 1...
ARMY | BCMR | CY1995 | 9510202C070209
The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries sustained in Vietnam. The applicant was wounded as the result of hostile action and that wound was properly recorded in the record. 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 injuries sustained on 10 January 1967 as the result of enemy action in Vietnam.
ARMY | BCMR | CY1995 | 9510205C070209
He states that item 29 (wounds received as a result of action with enemy forces) of his DD Form 214 currently shows the entry none, but should show head wound, Korea, 22 April 1951. In support of his request, he has included a copy of a Purple Heart Certificate showing him as the recipient. The evidence of record shows that he was a combat casualty and was awarded a Purple Heart for wounds suffered in Korea. RECOMMENDATION: That all of the Department of the Army records related to this...
ARMY | BCMR | CY1995 | 9510208C070209
In support of his application he submits a documentation showing that he had been granted service connection and a disability rating for his schizophrenia by the VA. When those arrangements were made, on 15 August 1975 the applicant was honorably discharged due to medical disqualification, not service connected, without disability benefits. Appendix B of this regulation, paragraph B-107, states that a soldier diagnosed with schizophrenia within 90 days of enlistment will have the condition...
ARMY | BCMR | CY1995 | 9510219C070209
APPLICANT REQUESTS: That he be reimbursed for 52 days of accrued leave that he lost at the time he was placed on the Temporary Disability Retired List (TDRL). 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. That regulation also states that Congress has provided compensation (no more than 60 days in a military career) for soldiers who were not able...
ARMY | BCMR | CY1995 | 9510220C070209
After he stopped attending drills, he was discharged for medical disqualification upon the advice of the ARNG State Surgeon even though he had been found physically fit to perform his duties by a physical evaluation board (PEB). This paragraph requires a member who is determined to be medically disqualified for retention to be discharged or transferred to the USAR Control Group (Retired) (regardless of years of service), unless the member requests, and is granted, a waiver of the medical...
ARMY | BCMR | CY1995 | 9510225C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Separation from Active Duty, be corrected to reflect that he was awarded the Purple Heart and had completed 2000 hours of flight time. A review of available records failed to show that the applicant received any wounds or injuries as the result of hostile action during his service. Army Regulation 635-5, the regulation governing preparation of the DD Form 214, makes no provision for recording flying hours on the DD Form 214.
ARMY | BCMR | CY1995 | 9510227C070209
EVIDENCE OF RECORD: The applicant's military records show: On 15 September 1987 the applicant submitted a request for Regular Army reenlistment based on his approved request for reclassification and approval to attend an Army service school for training in MOS 91C from 1 November 1987 through 14 December 1988. It opined, in effect, that the applicant attended training under a reclassification action and that he was not eligible for entry into the BEAR program due to his time in service. ...
ARMY | BCMR | CY1995 | 9510234C070209
APPLICANT REQUESTS: That his records be corrected to show that he was discharged due to physical disability and that he was entitled to the National Defense Service Medal (NDSM), the Expert Rifle Badge and the Parachute Badge. The VA, however, is not required by law to determine medical unfitness for further military service. There is no evidence of record that the applicant sustained the falls he claims.
ARMY | BCMR | CY1995 | 9510252C070209
The applicant requests correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) dated 30 June 1993 to reflect the correct amount of separation pay she received. The applicant subsequently repaid the Department for the overpayment; however, her records were not corrected to reflect the correct amount of separation pay she received. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY1995 | 9510270C070209
Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, provides that an applicant who has completed 60 or more classroom semester hours at an accredited college or university shall be enlisted in pay grade PFC. In accordance with regulations in effect at the time, the applicant had completed the requisite number of college courses to be enlisted in the grade of PFC. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY1995 | 9510284C070209
In accordance with regulations in effect at the time, the applicant had completed the requisite number of college courses to be enlisted in the grade of PFC. Accordingly, his date of rank should be adjusted to reflect his enlistment on active duty in the grade of PFC effective 10 February 1995. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was enlisted in the grade of PFC effective 10 February 1995...
ARMY | BCMR | CY1995 | 9510285C070209
In effect, the applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) of 5 August 1994 be changed to show his pay grade as E-3, and that his record show that he enlisted in the Regular Army on 16 May 1995 in the pay grade of E-4. He was promoted to pay grade E-4 on 8 May 1995 and he enlisted in the Regular Army on 16 May 1995. That official also stated that the applicant should have been enlisted in pay grade E-3 based on his request for Regular Army...
ARMY | BCMR | CY1995 | 9510287C070209
APPLICANT STATES: That promotion boards have discriminated against him by not selecting him for promotion because of his weight. 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. While it is unfortunate that the applicant has not been selected for promotion, his contention that promotion board discrimination based on his weight...
ARMY | BCMR | CY1995 | 9510302C070209
Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement,...
ARMY | BCMR | CY1995 | 9510308C070209
Orders, dated 24 April 1995, indicate that the applicant would be awarded MOS 92Y10 effective 5 June 1995 or upon course completion. The applicant was erroneously enlisted for a bonus MOS since MOS 92Y was not a bonus MOS at the time of his enlistment. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned enlisted in the USAR on 23 November 1994, with entitlement to a SRIP Enlistment Bonus of $2,000 for...
ARMY | BCMR | CY1995 | 9510309C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In effect, that the separation authority, separation code, reentry eligibility (RE) code, and narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. On 30 April 1998 the Army Discharge Review Board denied the applicant's request for...
ARMY | BCMR | CY1995 | 9510313C070209
EVIDENCE OF RECORD: The applicant's military records show: After serving 15 years, 10 months, and 22 days of total active service, the applicant was honorably released from active duty in the pay grade of E-6 and transferred to a USAR Troop Program Unit (TPU) in Massachusetts on 20 January 1988. Title 10, United States Code, section 3964 provides that each warrant officer and enlisted member of the Regular Army, is entitled, when his or her active service plus service on the retired list...
ARMY | BCMR | CY1995 | 9510314C070209
The applicant requests correction of her military records to show that she was advanced to the pay grade of E-3 and that she is entitled to back pay and allowances as a result of that advancement. The applicant states, in effect, that she was advanced to the pay grade of E-3 on 21 August 1987. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was advanced to the pay grade of E-3 on 21 August 1987 and...
ARMY | BCMR | CY1995 | 9510316C070209
He states that the date and place of birth on his DD Form 214 is incorrect. His DD Form 214 currently shows that he was born in Las Cruces, New Mexico on 27 June 1950. The applicant has provided a certified translated copy of his Mexican birth certificate showing his date and place of birth as 27 June 1947 in Mexico City, Mexico.
ARMY | BCMR | CY1995 | 9510320C070209
The applicant requests that his reenlistment contract dated 15 May 1991 be voided. His records also contain a reenlistment contract, also for 3 years in pay grade E-7, dated 15 May 1991. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by discharging the applicant from his 15 May 1991 reenlistment in accordance with Army Regulation 135-178, paragraph 9-7, erroneous enlistment; and b. by showing that he was held to the terms of his 8 May...
ARMY | BCMR | CY1995 | 9510333C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, on 28 October 1982 the applicant was discharged after completing 3 years, 5 months, 21 days of active military service. The Board was satisfied that all requirements of law and regulation were met and the right of the applicant were fully protected throughout the separation process.