ARMY | BCMR | CY1995 | 9510334C070209
APPLICANT STATES: In effect, that since the VA awarded him a disability rating, the Army should certify that his medical conditions were incurred in combat with an enemy of the United States. Considering his MOS at that time, a pay distribution specialist, and a lack of evidence that he was under enemy attack at the time, it does not seem likely that his back injury was a result of an armed conflict. As such, there is no evidence of record, nor has the applicant submitted any documentation...
ARMY | BCMR | CY1995 | 9510335C070209
On 7 August 1963 the applicant was treated for swelling to his feet, stating that his feet swell when he wears boots. A 15 October 1963 report of psychiatric examination indicates that the applicant stated to the examining psychiatrist that he had gone AWOL on two occasions for the express purpose of gaining a 209 discharge (unsuitability). On 15 October 1963 the applicants commanding officer recommended that the applicant be eliminated from the Army under the provisions of Army...
ARMY | BCMR | CY1995 | 9510341C070209
The Deputy Chief of Staff for Personnel message dated 20 December 1991 that originally announced the VSIP to support the Army drawdown, stated, in pertinent part, that soldiers in the pay grade of E-4 (promotable) and below with more than 7 years of service as of 31 December 1991 could apply for separation under the VSIP during the period 1 January 1992 through 29 February 1992. The 20 December 1991 message also set forth the specific criteria for VSIP eligibility and provided the authority...
ARMY | BCMR | CY1995 | 9510350C070209
APPLICANT REQUESTS: In effect, correction of the former service members (FSM) military records to show that he elected Reserve Component Survivor Benefit Plan (RCSBP) participation for former spouse. The FSMs record indicates that on 7 September 1984, he married the applicant (the current spouse). The FSM elected SBP participation for his former spouse in 1984.
ARMY | BCMR | CY1995 | 9510354C070209
The record shows that he enlisted in the Regular Army for 3 years on 20 October 1986 and was honorably discharged on 19 October 1989. The applicants records do not show that he was recommended for or awarded the AGCM while on active duty. 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 AGCM for the period 20 October 1986 to 19 October 1989.
ARMY | BCMR | CY1995 | 9510357C070209
He served without incident through reenlistments and extensions and was honorably discharged from active duty on 7 October 1994 in pay grade E-5 at the expiration of his term of service. The applicants records do not contain any apparent reason why he would have been assigned anything other than an RE-1 code. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was assigned an RE code of RE-1 upon his...
ARMY | BCMR | CY1995 | 9510358C070209
The applicant states that he completed a Selected Reserve Incentive Program (SRIP) bonus addendum in conjunction with his enlistment. At that time he completed a $2,000.00 cash bonus addendum for enlisting for a bonus MOS. Army Regulation l35-7, paragraph 2-3, authorizes a SRIP bonus for nonprior service Reservists who enlist in either a critical MOS or a critical unit, as designated by the Department of the Army.
ARMY | BCMR | CY1995 | 9510361C070209
APPLICANT REQUESTS: Correction of his military records by disenrolling him from SBP (Survivor Benefit Plan). Public Law 95-397, effective 1 October 1978, extended eligibility for coverage under the Survivor Benefit Plan to members and former members of the Reserve Components who had 20 or more years of qualifying service, but had not reached age 60, the age at which they would be eligible for retired pay. The evidence of records shows that in 1982, the applicant elected to participate in...
ARMY | BCMR | CY1995 | 9510362C070209
APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show entitlement to the Army Commendation Medal (Second Award), to show prior service in the Army National Guard and to correct his net active service. There is no evidence of record that he was recommended for or awarded the Army Commendation Medal. Although, he states that he submitted evidence in support of this allegation.
ARMY | BCMR | CY1995 | 9510365C070209
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. RE-3B indicates that a person had lost time during his last enlistment. Pertinent Army regulations state that individuals who had lost time during an enlistment shall be given an RE code of RE-3b, not eligible for reenlistment without a waiver (due to lost time).
ARMY | BCMR | CY1995 | 9510368C070209
The record contains no evidence to show that he was recommended for an ARCOM. The record does not contain and the applicant has not provided any evidence to indicate that a prejudicial error occurred in awarding him the AAM. Notwithstanding his contention that he had a good record, award determinations are subjective decisions by the commander concerned and in the absence of evidence of error, it would be inappropriate for this Board to arbitrarily upgrade his award.
ARMY | BCMR | CY1995 | 9510369C070209
He was granted a waiver for his medical conditions based on the surgical repair of his varicocele and the civilian medical records pertaining to his scoliosis. He contends that he never saw a DA Form 4707, Entrance Physical Standards Board (EPSBD) Proceedings, and, therefore, was discharged without being given the right to request retention on active duty. The applicants contention that his scoliosis did not hinder his physical activities prior to his enlistment or while he was undergoing...
ARMY | BCMR | CY1995 | 9510381C070209
APPLICANT REQUESTS: In effect, that his separation under the Qualitative Management Program (QMP) be set aside and that he be allowed to reenlist to complete his military career. The applicants records went before the Calendar Year 1993 Sergeant First Class/ANCOC Promotion/Selection Board. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.
ARMY | BCMR | CY1995 | 9510384C070209
EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army for 4 years in pay grade E-1 on 24 July 1990. 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 fact that the applicant desires to join an ARNG unit is commendable, but is not sufficiently mitigating to grant his request.
ARMY | BCMR | CY1995 | 9510392C070209
During the period 17 January 1949-19 January 1950 and 16 October 1950-11 July 1955, the applicant served on active duty as an enlisted soldier. On 27 August 1971, the applicant requested he be voluntarily retired effective 31 October 1971. On 5 February 1997, the Commander, Total Army Personnel Command, rendered an opinion (COPY ATTACHED) in which the requirements for award of the SS and the PH were set forth; the applicants allegations were refuted; and, a recommendation that his record...
ARMY | BCMR | CY1995 | 9510399C070209
APPLICANT REQUESTS: In effect, that his records be corrected to show that he was over-prescribed medicines. EVIDENCE OF RECORD: The applicant's military and medical records show: On 27 May 1943, he was inducted into the Army of the United States, reporting to active duty on 10 June 1943. There is no evidence of record that the applicant was over prescribed medications during his period of active duty.
ARMY | BCMR | CY1995 | 9510405C070209
Medical personnel at the time determined that his overweight condition was not the result of a medical condition and recommended that he be placed in a weight control program. Chapter 18 of that regulation states that soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 shall be separated when such condition is the sole basis for separation. Also, initiation of separation proceedings is required for soldiers who fail to meet screening table weight and body...
ARMY | BCMR | CY1995 | 9510406C070209
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. On 11 August 1954 he reported to a military physician that he had Fell off horse two months ago and has had pain in his back since then. During that examination he demonstrated tenderness over his left flank and hip, but was not diagnosed as having serious injuries. The time for the applicant to...
ARMY | BCMR | CY1995 | 9510415C070209
The applicant requests correction of his military record to reflect that he was awarded the Army of Occupation of Germany Medal. The applicants record also shows that he served in the Rhineland, Ardennes and Central Europe Campaigns and was awarded the European-African-Middle Eastern Theater Medal among other awards. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Army of Occupation of...
ARMY | BCMR | CY1995 | 9510421C070209
A 14 July 1993 PEB determined that the applicant had a major depression requiring medication and psychotherapy with mild impairment of social and industrial adaptability (recommended disability percentage of 10 percent), and PTSD manifested by flashbacks, anxiety including hyperventilation syndrome, and phobic reaction rated as mild (recommended disability percentage of 10 percent). Title 10, United States Code, section 1203, provides for the physical disability separation of a member who...
ARMY | BCMR | CY1995 | 9510422C070209
APPLICANT REQUESTS: The applicant requests In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded. On 14 March 1984, the appropriate authority approved his request, reduced the applicant to the lowest enlisted grade and directed the issuance of a discharge UOTHC. On 4 April 1984, 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.
ARMY | BCMR | CY1995 | 9510425C070209
On 21 April 1993, the applicant was discharged, in pay grade E-4, under the provisions of Army Regulation 635-200, paragraph 16-5b (Locally imposed bar to reenlistment), with an honorable discharge. There is no evidence that the applicant has applied through his recruiter for a waiver. The Regulation requires that at the time of discharge reentry codes will be assigned based on the service records and the reason for the discharge; therefore, the applicant was assigned reentry eligibility...
ARMY | BCMR | CY1995 | 9510440C070209
Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the AGCM is awarded for exemplary behavior, efficiency and fidelity for a specific period of service, normally 3 years. The applicants records do not show that he was recommended for or awarded the AGCM while on active duty. 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 AGCM for the period 27 July 1982 to...
ARMY | BCMR | CY1995 | 9510443C070209
APPLICANT REQUESTS: That his discharge with Special Separation Benefits (SSB) be voided and he be restored to active duty in order for him to undergo a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) examination. Since the applicants nephrotic syndrome did not terminate his military career and since it did not cause him to be unable to perform his military duties, a PEB would have found the applicant fit for duty, had he had been retained on active duty for processing...
ARMY | BCMR | CY1995 | 9510447C070209
APPLICANT REQUESTS: Correction of her military records to show that she was granted constructive service credit for her education and experience when she was commissioned. The Recruiting Command also opined that the constructive service credit program was suspended on 15 September 1981 and remained suspended until the program was reinstated on 4 December 1987. The applicants contention that it is unfair that officers who were commissioned after her are receiving constructive credit for...
ARMY | BCMR | CY1995 | 9510457C070209
APPLICANT REQUESTS: Correction of his records to reflect his disabilities were caused by an instrumentality of war and incurred in line of duty during a period of war.... He states, in effect, that he should have appeared before a Physical Evaluation Board (PEB) in 1967 when he first received his permanent physical profile. He notes he was evacuated from Vietnam because of asthma and in May 1967 was issued a permanent profile which was the direct result of hazards and stress of combat...
ARMY | BCMR | CY1995 | 9510470C070209
She states that she did not have a character or behavior disorder, but was mentally ill. He recommended that she be separated for unsuitability under the provisions of Army Regulation 635-212. 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 | 9510471C070209
Those members who do not meet medical retention standards will be referred to a physical evaluation board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. Title 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 performing...
ARMY | BCMR | CY1995 | 9510477C070209
APPLICANT REQUESTS: That the pay grade on his enlistment in the USAR be corrected from E-4 to E-5. 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, it is concluded: 1. The Board does not accept that the applicant was unaware that he was enlisting in pay grade E-4.
ARMY | BCMR | CY1995 | 9510481C070209
He received an honorable discharge at Camp Leroy Johnson, Louisiana on 27 June 1949. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
ARMY | BCMR | CY1995 | 9510483C070209
APPLICANT REQUESTS: That he be given the enlistment bonus which he was promised at the time of his enlistment. On 8 June 1995 the applicant was notified by his commander that he was erroneously promised an enlistment bonus, as neither the unit for which he enlisted nor the MOS for which he was trained was approved for a bonus. The applicant was not eligible for a bonus when he enlisted in the USAR since neither his unit nor his MOS was on the list of those approved for a bonus.
ARMY | BCMR | CY1995 | 9510507C070209
The applicant requests correction of his military records to reflect service in Southwest Asia and associated service medals. The evidence of record confirms the applicant serviced in Southwest Asia from September 1990 through April 1991 and as such is entitled to the Southwest Asia Service Medal with three bronze service stars, and the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait. That all of the Department of the Army records related to...
ARMY | BCMR | CY1995 | 9510516C070209
APPLICANT REQUESTS: That he be advanced on the retired list to his USAR grade of lieutenant colonel (LTC). APPLICANT STATES: That he retired from active service in the grade of chief warrant officer (CW4) on 1 March 1973 and should be advanced to his USAR grade on the retired list. Although the applicant held the grade of LTC in the USAR at the time he retired, the evidence of record does not show that he served on active duty as a LTC, which is a perquisite for his advancement to that...
ARMY | BCMR | CY1995 | 9510555C070209
APPLICANT REQUESTS: That his general discharge be corrected to a medical discharge. In that recommendation his commander stated that the applicant had been counseled on five occasions between 10 February and 17 May 1977 for insubordination, appearance, negative attitude towards the Army, AWOL, poor duty performance, and shirking. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1995 | 9510558C070209
APPLICANT REQUESTS: That his honorable discharge be changed to a medical discharge. On 17 January 1967, he was honorably discharged after serving 1 year of active military service. The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.
ARMY | BCMR | CY1995 | 9510560C070209
Subsequent to her separation she was granted a combined service connected disability rating of 20 percent by the VA for lower back strain, varicose veins, and a pelvic stress fracture. Army Regulation 135-178 notes that USAR soldiers will be separated when it is determined that an enlisted soldier is no longer qualified for retention by reason of medical unfitness unless the soldier request and is granted a waiver or is eligible for transfer to the Retired Reserve. Army Regulation 635-40...
ARMY | BCMR | CY1995 | 9510570C070209
The applicants date of entry in the military service is correct as listed on his DD Form 214. The applicants date of discharge listed on his DD Form 214 is correct. NOTE: The Commander, ARPERCEN is requested to review the applicants DD Form 214 and make the necessary correction by changing the applicants date of rank to show 23 January 1975, instead of 23 January 1973.
ARMY | BCMR | CY1995 | 9510578C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of the Purple Heart and Combat Medical Badge. The physician stated that in December 1966, while carrying a litter he asked him about a limp and noticed he was bleeding from his right leg. The statement goes on to note as I recall checking him [the applicant] I located shrapnel in his right leg, right side of waist, and the left upper section of his chest. PURPOSE: To determine whether the application was submitted...
ARMY | BCMR | CY1995 | 9510580C070209
His military record shows that he enlisted on 6 July 1984 and served in Saudi Arabia from 11 September 1990 to 12 March 1991. His military personnel file contains evidence that he served in Operation Desert Storm (Saudi Arabia) during a period which would qualify him for the KLM. 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 KLM for service in Operation Desert Storm.
ARMY | BCMR | CY1995 | 9510582C070209
The applicant requests that his separation document (DD Form 214) be corrected to reflect that he received a one-time Special Separation Benefit (SSB) payment in the amount of $21,905.38 at the time of his discharge from the service. The applicant states that he received the proper SSB payment of $21,905.38 at the time of his discharge. Although the applicant contends that he was paid $21,905.38, this is the amount he received after taxes with other entitlements and does not reflect the...
ARMY | BCMR | CY1995 | 9510586C070209
Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent. 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. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its...
ARMY | BCMR | CY1995 | 9510605C070209
APPLICANT STATES: She should have been placed on the TDRL (Temporary Disability Retired List) and rated at 30 percent disabled or retained on active duty for 6 additional days for entitlement to separation pay. Subsequent to her separation the applicant was granted a 10 percent disability rating by the VA for status, post right inferior pubic ramus fracture. Army Regulation 635-40 states that the TDRL is used in the nature of a pending list. It provides a safeguard for the Government...
ARMY | BCMR | CY1995 | 9510610C070209
He was entitled to award of the Army Service Ribbon, the CIB, the Ranger Tab, and the Parachute Badge. Army Regulation 672-5-1, Military Awards, then in effect, indicates, in pertinent part, that award of: a. the AFEM, for Operation Urgent Fury, that a soldier must have served for the full period where an operation is less than 30 days duration. The period of Operation Urgent Fury was 23 October-21 November 1983, b. the NDSM was awarded for honorable active service for any period between...
ARMY | BCMR | CY1995 | 9510620C070209
The report of physical examination prior to discharge found him fit for discharge with no hearing or other abnormality. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. There is no evidence in the available records, nor has the applicant provided any evidence, to show that he was wounded as the result of...
ARMY | BCMR | CY1995 | 9510621C070209
The applicant requests correction of his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect that he was awarded the Army Achievement Medal (AAM) with two oak leaf clusters and the Driver and Mechanics Badge with T bar. The applicants military record does not contain any evidence that he was awarded the AAM or the Driver and Mechanics Badge with T bar. That all of the Department of the Army records related to this case be corrected: a. by showing that the...
ARMY | BCMR | CY1995 | 9510622C070209
APPLICANT REQUESTS: That his records be corrected to reflect that he was awarded the Purple Heart. His Report of Separation indicates that he received no wounds in action. 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 or that he was treated for such prior to his discharge.
ARMY | BCMR | CY1995 | 9510624C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Separation, be corrected to show that he was awarded the Army Commendation Medal (ARCOM) and the National Defense Service Medal (NDSM) and that he be issued a discharge certificate. The available records contain no evidence that he was recommended for or awarded the ARCOM or the NDSM. The available record contains no evidence that he was recommended for or awarded the ARCOM.
ARMY | BCMR | CY1995 | 9510637C070209
He goes on to state that he submitted his request for a PLDC equivalency which was approved on 4 October 1994 and submitted as a part of a reevaluation which became effective 1 March 1995. On 27 September 1993, during a promotion points recomputation, the applicant was granted 30 promotion points for having completed the PLDC while in the National Guard. The applicant submitted a request for PLDC equivalency on 12 September 1994.
ARMY | BCMR | CY1995 | 9510638C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted on 10 September 1993 for a period of 3 years in the pay grade of E-3 for training as an armament repairer. A review of the applicants official records failed to reveal a copy of the NJP. In view of the information obtained from the DFAS officials and in the absence of evidence to the contrary, it must be presumed that the applicant was properly reduced in grade as a result of the imposition of NJP.
ARMY | BCMR | CY1995 | 9510648AC070209
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, reconsideration of his previous request to correct his promotion points worksheet (DA Form 3355) to reflect that he was awarded 200 promotion points by his commander and that he was awarded 46 promotion points for military education. EVIDENCE OF RECORD: The applicant's military...