ARMY | BCMR | CY1995 | 9511373C070209
At that time, he executed a DA Form 3286, U.S. Army Enlistment Option, U.S. Army Delayed Entry Program, in which he elected the training of choice and the Montgomery G.I. To be eligible for the ACF, the soldier must be a high school graduate, have an AFQT score of 50 or above, remain enrolled in the MGIB, and enlist for certain military occupational specialties, as determined by the Department of the Army. The PERSCOM stated that the ACF is not an option for which an individual becomes...
ARMY | BCMR | CY1995 | 9511393C070209
APPLICANT REQUESTS: That he be awarded the Army of Occupation Medal for Germany APPLICANT STATES: That he was in Germany until 24 August 1964 which he contends was during the time of the Berlin occupation, but did not receive the occupation medal. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army for 3 years on 30 August 1961. There is no evidence to indicate that he was assigned in the city of Berlin during his tour of duty in Germany.
ARMY | BCMR | CY1995 | 9511399C070209
The applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that he was honorably discharged on 1 June 1993, in pay grade E-4, under Army Regulation 635-200, paragraph 16-8 (qualitative retention program), separation code JCC, with a reentry code of RE-4. He received $7,378.02 in separation pay. A staff member of the Board was informally advised by the authorities at the U.S. Total Army Personnel Command, that, based on the applicants available records...
ARMY | BCMR | CY1995 | 9511400C070209
EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army on 11 May 1977 and was honorably discharged on 11 August 1989 in pay grade E-5 under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance. On 14 October 1988 the applicant was informed that his records had been reviewed by a DA Qualitative Management Program (QMP) board and he had been barred from reenlistment. The appropriate selection boards evaluate past...
ARMY | BCMR | CY1995 | 9511418C070209
Counsel states the applicant did not enter into a relationship while the student was in training but merely continued a relationship with someone already known to him prior to her status as an AIT student. Counsel states the applicant met the female student while he was in Texas. He states not only did the command have a problem with deciding who the rating officials would be and what period the report should cover but they also could not decide whether the report should be a change of...
ARMY | BCMR | CY1995 | 9511419C070209
The applicant requests that Part VIIa, the senior rater profile, be deleted from the Officer Evaluation Report (OER) which he received for the period 910510 through 910901. is a must for battalion command. He placed him in Block #1 of his senior rater profile with none above him, 3 with him, and 6 below him. The senior rater clearly recalled the applicant and his manner of performance and stated that the placement of the applicant in Block #2 of his senior rater profile was based on a...
ARMY | BCMR | CY1995 | 9511473C070209
The applicant enlisted in the Army National Guard in the pay grade of E-6 on 30 December 1993. The IG stated that when the defective enlistment was discovered, she should have been presented with two options - separation at her enlistment rank which was pay grade E-6, or a voluntary reduction to pay grade E-5 and remain in the unit. The applicant enlisted in the MOARNG on 30 November 1993 in the pay grade of E-6, a defective enlistment as there was no position in the unit for her in that...
ARMY | BCMR | CY1995 | 9511476C070209
APPLICANT REQUESTS: That his military record be corrected to show that he was awarded the Purple Heart. APPLICANT STATES: That the Purple Heart was awarded for wounds suffered in Vietnam in 1970. After examining all of the records, no evidence was found that the applicant was wounded or injured as the result of enemy action or was awarded the Purple Heart.
ARMY | BCMR | CY1995 | 9511487C070209
One of the soldiers captured with the applicant on 13 April 1945 submitted a copy of a notarized certificate by his former battery commander, who stated on 21 November 1988 that that soldier was in fact captured on 13 April and returned to his unit on 15 April 1945. The applicants former executive officer certified on 17 December 1996 that the applicant and three soldiers were taken prisoner on 13 April 1945 and held until 15 April 1945. RECOMMENDATION: That all of the Department of the...
ARMY | BCMR | CY1995 | 9511501C070209
On 8 July 1994, the applicant elected SBP participation for spouse and child coverage. The evidence of record shows that after her retirement, the applicant elected to participate in the SBP for spouse and child. If the applicant had not made an election automatic coverage would have gone into effect for her spouse.
ARMY | BCMR | CY1995 | 9511514C070209
The applicant requests that his DA Form 20, Enlisted Qualification Record, item 35, Record of Assignments, have the entry that he was dropped from the rolls of the Army as a deserter on 14 November 1970 deleted. The entry on his DA Form 20, item 38, is obviously in error as is the other documents contained in his military records pertaining to his being carried as AWOL and to his being dropped from the rolls of the Army. RECOMMENDATION: That all of the Department of the Army records...
ARMY | BCMR | CY1995 | 9511533C070209
APPLICANT STATES: Because his request for a security clearance was lost, he was not promoted to pay grade E-4 in the ARNG. Army Regulation 601-210, paragraph 3-17 states in pertinent part that individuals enlisting into the Regular Army who have served in a USAR or ARNG for over 12 months following completion of IADT will be enlisted in the pay grade in which they hold in the USAR or ARNG up to pay grade E-3. Unfortunately, the applicant could not have been enlisted in pay grade E-4 in...
ARMY | BCMR | CY1995 | 9511534C070209
The applicant requests that her records be corrected to show that she reenlisted on 11 July 1994 for a period of 3 years instead of 2 years and that she be authorized repayment of $568.73 that was recouped from her pay as an unearned enlistment bonus. On 5 November 1994 the applicant submitted a request to increase her period of reenlistment from 2 years to 3 years due to the recoupment of the unearned portion of her enlistment bonus. RECOMMENDATION: That all of the Department of the Army...
ARMY | BCMR | CY1995 | 9511551C070209
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. EVIDENCE OF RECORD: The applicant's military records show: The applicant initially enlisted on 1 June 1976 and served until he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) in the pay grade of E-4. Failure to file within 3 years may be excused by a...
ARMY | BCMR | CY1995 | 9511563C070209
EVIDENCE OF RECORD: The applicant's military records show: He was commissioned as a USAR second lieutenant on 23 December 1965 and was promoted to the rank of captain on 8 July 1969. On 18 October 1990 the Army Reserve Personnel Center (ARPERCEN) sent the applicant a notice informing him that he had been twice nonselected for promotion to the rank of lieutenant colonel and that he was required to complete and return an option selection form within 30 days or he would be discharged in...
ARMY | BCMR | CY1995 | 9511608C070209
The applicant requests award of the Combat Infantryman Badge and the Bronze Star Medal for meritorious service. He notes he served as an infantryman during the Korean War and should have received the Bronze Star Medal based on a directive by General Church, commanding general, 24th Infantry Division. The directive specifically stated that a separate recommendations was required for each soldier and that the period of the award would extend from 2 July 1950 through the date the...
ARMY | BCMR | CY1995 | 9511636C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received in Korea. Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action. Based upon the available records, there is no evidence that the applicant suffered any wounds or injuries during his service that would qualify him for award of the Purple Heart.
ARMY | BCMR | CY1995 | 9511651C070209
On 7 September 1994, the commander notified the applicant that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. On 4 October 1994, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 13, for unsatisfactory performance with a general discharge. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with...
ARMY | BCMR | CY1995 | 9511652C070209
The evidence of record indicates that the applicant enlisted in the Army National Guard of the United States for training in military occupational specialty 67V. Although the applicants DA Form 2-1 indicates that he completed basic training and may have completed a portion of his advanced individual training in military occupational specialty 67N, it also indicates that his military occupational specialty was 67V on 21 August 1985, and that he had attended the Observation/Scout Helicopter...
ARMY | BCMR | CY1995 | 9511818aC070209
The Board recommended that the OER be removed from his records and that the record be placed before a special selection board for reconsideration of promotion to lieutenant colonel. Accordingly, it would be appropriate to correct his records to show that he was promoted to the grade of lieutenant colonel while serving on active duty effective on 1 September 1995 with a date of rank of 1 September 1995. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1995 | 9511820C070209
He adds that the rater on the contested report was not the person listed on the unit rating scheme. The applicant received NJP for insubordination to his senior rater during the contested rating period. The applicants appeal to the ESRB was returned without action because he failed to support his contentions with sufficient relevant evidence to demonstrate error or injustice.
ARMY | BCMR | CY1995 | 9511824C070209
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 10 July 1992 and any subsequent reenlistments until such time as RRB entitlements are exhausted. RECOMMENDATION: That all of the Department of the Army records related to...
ARMY | BCMR | CY1995 | 9511829C070209
The applicant requests that her records be corrected to reflect that she was authorized to enlist in the pay grade of E-2 and that she is entitled to back pay and allowances from the date of her enlistment until 9 May 1995. The applicant states that at the time of her enlistment she did not have a copy of her college transcripts and therefore had to enlist in the pay grade of E-1. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by amending...
ARMY | BCMR | CY1995 | 9511834C070209
The applicant states that the OER in question is in error because his SR at the time, indicated that he was restarting his profile with a 2 block COM and that he would be the first officer rated under the new profile. The two officers also indicated that the applicants performance was outstanding and that the applicant was favored by the SR. One of the officers indicated that he witnessed the applicant going in to inform the SR of the problem with his SR profile and was informed by the...
ARMY | BCMR | CY1995 | 9511837C070209
The applicant requests correction of his military records to reflect his proper basic active service date (BASD), basic pay entry date (BPED), and the correct effective date of his promotion to the pay grade of E-4 with entitlement to all back pay and allowances. The EREC also recommended that the effective date of the applicants promotion to the pay grade of E-4 also should be changed to 26 September 1995. That the effective date of the applicants promotion to the pay grade of E-4 be...
ARMY | BCMR | CY1995 | 9511841C070209
APPLICANT STATES: That he completed the warrant officer entry course in December 1987, completed warrant officer technician training for the hawk missile system in December 1988, and received verification of military experience and training in March 1995. There is no evidence of record that the applicant was appointed a warrant officer. The applicants completion of a warrant officer entry course and a hawk missile technician course does not equate to an appointment as a warrant officer,...
ARMY | BCMR | CY1995 | 9511843C070209
The applicant requests correction of his military records by amending his 2 December 1994 reenlistment contract to show that he reenlisted for a period of 6 years, was authorized a selective reenlistment bonus (SRB)-2A, and that he elected a 50 percent payment of his bonus. The applicant states, in effect, that he reenlisted on 2 December 1994 for a period of 5 years with no bonus entitlement. Had he known that he was entitled to receive an SRB he would have reenlisted for a period of 6...
ARMY | BCMR | CY1995 | 9511845C070209
The applicant requests, in effect, that recoupment of the unearned portion of his selective reenlistment bonus (SRB) be stopped and that the debt be remitted. It opined that in accordance with Army Regulation 601-280 recoupment of the unearned portion of an SRB is required when a soldier voluntarily reclassifies out of the bonus MOS. Inasmuch as there are provisions for allowing soldiers to retain their bonus entitlements when they are reclassified by the Department into a different MOS to...
ARMY | BCMR | CY1995 | 9511850C070209
APPLICANT REQUESTS: That the findings and sentence of his summary court-martial dated 14 September 1994 be set aside, that he be restored to the pay grade of E-7, and that a relief for cause noncommissioned officer evaluation report covering the period January 1994 through February 1994 be removed from his Official Military Personnel File (OMPF). The TJAG concluded that the applicant failed to establish any basis for relief for his conviction or sentence and denied his application. ...
ARMY | BCMR | CY1995 | 9511855C070209
The applicant requests, in effect, correction of his military records to show on his DD Form 214 (Certificate of Release from Active Duty) that he was on active duty from 18 March through 10 November 1993, and that his primary specialty was 91J10 (Physical Therapy Specialist). A DA Form 2-1 (Personnel Qualification Record-Part II) indicates that the applicant attended and completed basic training during the period 9 January through 13 March 1992; that he attended and completed AIT during...
ARMY | BCMR | CY1995 | 9511893C070209
The evidence confirms the applicant served in Southwest Asia between December 1990 and March 1991 and as such is entitled to award of the Southwest Asia Service Medal with two bronze service star and the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait. Although the applicant may have served 4 months in Southwest Asia because that service was in a temporary duty status that service is not included in item 12f (foreign service) on his DD Form 214. ...
ARMY | BCMR | CY1995 | 9511898C070209
The investigating officer based that finding on the fact that the applicants medical records showed that the acute medical conditions he suffered from while on active duty had been resolved prior to his release from active duty, that the applicant was not on active duty when he was admitted to Ottawa General Hospital, and that the applicant was found to suffer from chronic, not acute, deep venous thrombosis during that admission. The OTSG opined that the deep vein thrombosis condition that...
ARMY | BCMR | CY1995 | 9511906C070209
The VA, however, is not required by law to determine medical unfitness for further military service. The evidence of record also shows that the applicants voluntary request for discharge was conducted in accordance with law and regulations applicable at the time. Since the applicant's medical condition was not medically unfitting for retention at the time of separation, there was no basis for medical retirement or separation.
ARMY | BCMR | CY1995 | 9511909C070209
Based upon the finding, the PEB recommended separation from the TDRL with severance pay at 10 percent. 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. 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.
ARMY | BCMR | CY1995 | 9511922C070209
Once enrolled in the New GI Bill the individual's basic pay was reduced $100.00 per month for each of the first full 12 months of active duty and the deductions could not be refunded, suspended or stopped. The applicants contention that he was in the military for about 12 months before MGIB contributions were deducted from his pay is true. Reservists and Guardsmen not on extended active duty do not have MGIB contributions deducted from their pay.
ARMY | BCMR | CY1995 | 9511927C070209
APPLICANT REQUESTS: That his dental records be corrected to show that he injured tooth # 8 while he was on leave while in the Regular Army. 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. EVIDENCE OF RECORD: The applicant's military personnel and dental records show: He was inducted on active duty on 21 March 1968 and enlisted in the Regular Army...
ARMY | BCMR | CY1995 | 9511933C070209
His military records show that he enlisted in the Regular Army in pay grade E-1 for 4 years on 29 June 1993. The proximate cause of the fire was determined to have been the applicants pouring MOGAS from a gas can improperly marked as kerosene into a paper cup in order to refuel a burning kerosene heater inside the tent. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by remitting any and all indebtedness of the individual concerned based...
ARMY | BCMR | CY1995 | 9511946C070209
He goes on to state that he requested and received a waiver of the BNCOC requirement, but was unable to be promoted until he completed the BNCOC. On 20 August 1995 the applicant submitted a request for an exception to policy that would allow him to be promoted prior to completion of the BNCOC. The applicant successfully completed the BNCOC on 15 March 1996 and was promoted to the pay grade of E-6 on that date.
ARMY | BCMR | CY1995 | 9511954C070209
Additionally, letters from his brothers indicate that they had told him about taking some pictures, but he had waited too long (to have film developed), and had no way of knowing which film was his (which were non-criminal) and which were his brothers. The applicant did not appeal the bar to reenlistment. As its name indicates, nonjudicial punishment is different from a trial by court-martial.
ARMY | BCMR | CY1995 | 9511955C070209
The applicant states that his retention NCO miscalculated his service and thus misinformed him of the number of years he would be required to reenlist for in order to receive the SRB for his MOS. Although his reenlistment contract indicates that he was entitled to receive an SRB, he was subsequently informed that he would have had to reenlist for 4 years in order to qualify for the SRB. The Total Army Personnel Command (PERSCOM), in a comment to this Board, advised in effect, that the...
ARMY | BCMR | CY1995 | 9511976C070209
On 25 July 1995 the WRAMC medical holding company first sergeant stated that the applicant was assigned to that unit from 3 October 1994 to 30 May 1995, and that he was eligible for promotion and should have been promoted. His DD Form 214 (Certificate of Release or Discharge from Active Duty), shows his rank as private, pay grade E-2, and his date of rank as 21 March 1994. The promotion action [although erroneous] by the applicants infantry unit commander on 1 May 1995 adds credence to...
ARMY | BCMR | CY1995 | 9514016C070209
He was promoted to the pay grade of E-4 on 14 May 1975. A review of the applicants records reveals that nonjudicial punishment was imposed against the applicant on two occasions, once while at Fort Polk and once while at Fort Sheridan. The time for the applicant to file a request for correction of any error or injustice expired on 26 June 1983.