ARMY | BCMR | CY1996 | 199607965C070209
His approved sentence was reduction to paygrade E-1, forfeiture of all pay and allowances, confinement for 4 months, and a BCD. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. The applicant has submitted neither probative evidence nor a convincing argument in support of his allegation or request.
ARMY | BCMR | CY1996 | 199608068C070209
EVIDENCE OF RECORD: The applicant's military records show: On 18 February 1964, he enlisted in the Regular Army. Between 18 November 1983 and 3 January 1986, applicants active duty commitment was amended five times with a final release date of 21 April 1986 and 4 years, 1 month and 7 days of creditable service. On 19 May 1986, he was recalled to active duty for 3 years and promoted to the grade of Captain with a DOR of 25 October 1985.
ARMY | BCMR | CY1996 | 199608210C070209
On 7 September 1994, his chain of command initiated separation action under the provisions of Army Regulation 635-200, Chapter 14 and recommended that his service be characterized under other than honorable conditions. On 22 December 1994, an administrative separation board of officers determined that he established a pattern of misconduct over a 2 year period and recommended that he be separated with a general discharge. Chapter 14 establishes policy and prescribes procedures for...
ARMY | BCMR | CY1996 | 199609699C070209
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. On 9 February 1976, a...
ARMY | BCMR | CY1996 | 199610172C070209
Based on these statements, the applicant is entitled to one award of the Air Medal. The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation Badge; therefore, he is entitled to correction of his records to show this award. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records, but only as recommended below.
ARMY | BCMR | CY1996 | 199610924C070209
Army Regulation 635-212, in effect at the time set forth the basic authority for the separation of enlisted personnel. A professionally trained psychiatrist determined that the applicant was mentally responsible and able to distinguish right from wrong and to adhere to the right, and he has submitted no medical evidence to the contrary. BOARD VOTE: ________ ________ ________ GRANT ________ ________ ________ GRANT FORMAL HEARING KJN_____ FNE_____ JPI_____ DENY APPLICATION Loren G....
ARMY | BCMR | CY1996 | 9601145C070209
He should have been medically discharged. On 3 February 1995 the applicants commanding officer initiated action to separate the applicant for a pattern of misconduct, under the provisions of Army Regulation 635-200, paragraph 14-12b. Army Regulation 635-40 was changed by Department of the Army message, dated 27 February 1973, to provide that when a member is undergoing evaluation because of a referral arising during processing for separation for reasons other than physical disability, his...
ARMY | BCMR | CY1996 | 9605006C070209
APPLICANT REQUESTS: In effect, reconsideration of his previous request to increase his Army disability rating. He contends that the VA decision and diagnosis should be used as evidence to increase his Army disability. 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.
ARMY | BCMR | CY1996 | 9605007C070209
APPLICANT REQUESTS: That the general discharge he received for unsuitability be corrected to a medical discharge. In that evaluation it was stated that the applicant had been seen by the hospital on three occasions for nervousness, inefficiency, dependency, and inadequacy. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.
ARMY | BCMR | CY1996 | 9605025C070209
APPLICANT REQUESTS: Correction of his military records to show that he was commissioned as a USAR second lieutenant. APPLICANT STATES: In effect, that prior to his discharge there was a provision that allowed personnel serving in the top three enlisted grades to be promoted to the rank of second lieutenant upon application. Likewise, there is no evidence to show that the applicant would have been selected had he applied and it would not be appropriate for the Board to make such a...
ARMY | BCMR | CY1996 | 9605043C070209
The applicant requests that his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Bronze Star Medal (BSM) with V device, the Combat Infantryman Badge (CIB), and the Vietnam Campaign Medal (VCM). He also meets the criteria for award of the CIB and the VCM, in that, he was an infantryman in an infantry unit that was actively engaged in ground combat and was wounded by hostile forces. RECOMMENDATION: That all of the Department of the Army records...
ARMY | BCMR | CY1996 | 9605048C070209
On 20 June 1991 the applicant was promoted to Sergeant pay grade E-5 and awarded the military occupational specialty (MOS) 73C20 (finance NCO). That official stated, in effect, that Army Regulation 140-158, paragraph 4-6, required a soldier to be qualified in the duty MOS (DMOS) and be in the position authorized a Sergeant E-5 in order to be promoted. An official from the OCAR, in an informal opinion, stated that the revocation of the order promoting the applicant was indeed correct - that...
ARMY | BCMR | CY1996 | 9605052C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received in Vietnam and that the spelling of his first name be changed from Steven to Stephen on his DD Form 214, Report of Discharge. 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. The applicant has failed to submit evidence that would satisfy this requirement 3.
ARMY | BCMR | CY1996 | 9605053C070209
APPLICANT REQUESTS: That his summary court-martial conviction be expunged and that he be advanced to the rank of sergeant major (E-9) on the retired list. 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 31 May 1990.
ARMY | BCMR | CY1996 | 9605054C070209
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The time for the applicant to file a request for correction of any error or injustice expired on 4 November 1968.
ARMY | BCMR | CY1996 | 9605055C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Air Medal and the Purple Heart and that he was a door gunner in Vietnam. 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...
ARMY | BCMR | CY1996 | 9605057C070209
He states that his former commander recommended him for the BSM with V for his actions in Vietnam. In support of his request, he provides a copy of an award recommendation for the BSM with V prepared on 31 January 1994 by his former commander (then captain now a colonel) together with eyewitness statements supporting the award recommendation. The award recommendation and the supporting eyewitness statements describe an event that occurred in a time frame and with an organization that...
ARMY | BCMR | CY1996 | 9605074C070209
The applicant requests correction of his military records to show that he changed his SBP (Survivor Benefit Plan) election from spouse, based on full retired pay to spouse only, base amount $392.00 be approved. In the processing of this case, a staff advisory opinion was obtained from the SBP Board which recommended that the applicants request to change his survivor benefit plan election from spouse, based on full retired pay to spouse only, base amount $392 be approved, retroactive...
ARMY | BCMR | CY1996 | 9605077C070209
APPLICANT REQUESTS: The applicant is the apparent custodian of the former service member and requests, on his behalf, reconsideration of the Boards decision that, in effect, denied the former service members request for physical disability retirement. NEW EVIDENCE OR INFORMATION: Incorporated herein is a summarization of the former service members military records prepared to reflect the Boards original consideration of his case on 30 October 1996. In view of the foregoing, there is no...
ARMY | BCMR | CY1996 | 9605081C070209
APPLICANT REQUESTS: That she be given the Veterans Education Assistance Program (VEAP) kicker. APPLICANT STATES: That she had enlisted for the VEAP kicker, and understood that receiving the kicker was contingent upon her being awarded, and working in, a certain military occupational specialty (MOS). On 1 November 1985 she was granted a final TOP SECRET security clearance. Nonetheless, the fact remains that she was not awarded the MOS nor did she serve on active duty in the MOS.
ARMY | BCMR | CY1996 | 9605089C070209
U.S. Army Southern Command policy provided that only personnel assigned to Panama could purchase major appliances through the PX system. The applicant, while assigned to a unit in Germany and on leave in Panama, purchased a refrigerator for her Panamanian mother. The applicant violated U.S. Army Southern Command policies regarding the purchase and transfer of duty free merchandise and was appropriately charged by military authorities.
ARMY | BCMR | CY1996 | 9605090C070209
EVIDENCE OF RECORD: The applicant's military records show: On 12 April 1994, while serving at Fort Bragg, North Carolina in the pay grade of E-6, the applicants commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, chapter 5, for failure to provide a dependent care plan. It also stated that individuals who were pending involuntary separation under the provisions of Army Regulation 635-200 were not eligible to...
ARMY | BCMR | CY1996 | 9605091C070209
APPLICANT REQUESTS: In effect, that his bad conduct discharge be upgraded to honorable. On 4 June 1979 he pleaded guilty to four specifications of violation of Article 86, UCMJ (214 days AWOL) before a special court-martial convened at the USARB and was sentenced to be discharged from the service with a bad conduct discharge. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and...
ARMY | BCMR | CY1996 | 9605094C070209
The VA has determined that his cancer is service connected, and has granted him a disability rating for that condition. The applicants ratings on his NCOERs conclusively show that he was physically fit to perform the duties of his grade and MOS at the time of his retirement. If the VA has assigned the applicant a rating (he did not include his VA records) for his cancer, that action would be in keeping with the prescribed function of that agency; i.e., to provide medical care and...
ARMY | BCMR | CY1996 | 9605097C070209
APPLICANT REQUESTS: Promotion to the rank of major in the USAR. He entered active duty on 14 August 1983 and was promoted to the rank of captain on 1 November 1986. 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 | CY1996 | 9605109C070209
APPLICANT STATES: That he was discharged from the USAR before a 20-year letter was issued qualifying him for retirement. His request for a transfer was disapproved. The applicant had qualifying years of service in 1966 and in 1968.
ARMY | BCMR | CY1996 | 9605113C070209
The IG specifically noted that sufficient evidence exists in performance documentation to preclude the notion that [the reduction] action was one of retaliation. On 19 September 1992 the applicants unit commander notified him that he was initiating action to reduce him from E-4 to E-3 because of his demonstrated inability to perform the duties and responsibilities of [his] grade and MOS. The applicant submitted a rebuttal, dated 4 October 1992, in which he denied the allegations against...
ARMY | BCMR | CY1996 | 9605117C070209
On 13 January 1993, the applicant was notified that his commander was recommending a discharge under the provisions of Army Regulation 635-200, paragraph 11-3a, with an entry level status performance and conduct discharge. On 21 January 1993, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, paragraph 11-3a (entry level status performance and conduct) with an uncharacterized character of service discharge. Certain persons who have received...
ARMY | BCMR | CY1996 | 9605121C070209
APPLICANT REQUESTS: That his records be corrected to show that he was entitled to a Regular Reenlistment Bonus. EVIDENCE OF RECORD: The applicant's military records show: On 17 June 1965, the applicant enlisted in the Regular Army and continued through reenlistments and extensions, until his separation on 30 November 1994. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
ARMY | BCMR | CY1996 | 9605125C070209
On 28 June 1946, the applicant reenlisted in the Regular Army for 3 years in the rank of corporal. He had 3 years and 3 months of creditable service and 286 days of lost time due to confinement. In this situation, the Board [as did the Court] considered the applicants prior World War II service, to include his more than 3 years as a POW.
ARMY | BCMR | CY1996 | 9605129C070209
However, the BVA determined on 30 September 1994, based upon its review of the relevant evidence, that the applicant has chronic schizophrenia which first manifested itself during his active military service. The VA, however, is not required by law to determine medical unfitness for further military service. That determination is not sufficient, in itself, to persuade the Board to grant the applicants request, as it does not establish that the applicant was physically unfit while he was...
ARMY | BCMR | CY1996 | 9605145C070209
The applicant requests correction of his military records to show that he declined to participate in the SBP (Survivor Benefit Plan) upon remarriage to his current spouse. The Retired Annuitant Pay Statement issued to him at that time states that due to the death of his spouse the SBP cost was suspended, and that he should notified DFAS if he remarried. Although he did not exercise his option to terminate SBP coverage at the time of his remarriage, it would still be appropriate to correct...
ARMY | BCMR | CY1996 | 9605163C070209
APPLICANT STATES: That he was not afforded the proper appeal process for his medical evaluation board (MEB) and physical evaluation board (PEB) because he was serving on active duty under title 32, U.S. Code (State) and not title 10, U.S. Code (Federal). EVIDENCE OF RECORD: The applicant's military personnel and medical records show: He entered on full time training duty (FTTD) under the Active Guard and Reserve (AGR) program in pay grade E-6 on 19 March 1986 under the authority of title...
ARMY | BCMR | CY1996 | 9605175C070209
The applicant requests that her reenlistment contract dated 13 May 1994 be corrected to reflect that she was authorized a selective reenlistment bonus (SRB)-3A. The applicants military records show that she enlisted on 29 August 1990 for training as a counterintelligence agent (97B). At the time the applicant reenlisted to meet the service remaining requirements for an overseas assignment, it was not known that she would be occupying an airborne position (SQI P).
ARMY | BCMR | CY1996 | 9605180C070209
The applicant states that the officer who imposed the punishment, his battalion commander, was himself engaged in misconduct at the time that the applicant received nonjudicial punishment, consequently, he (the applicant) could not have received a fair hearing. The applicants nonjudicial punishment for misconduct, except for the appellate actions, is administratively correct. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as...
ARMY | BCMR | CY1996 | 9605181C070209
A 2 November 1993 military police report notes that on 16 September 1993 the applicant was performing duties as the charge of quarters (CQ) for B Company 1/26th Infantry Regiment when he discovered two other drill sergeants and two female trainees in the units day room and failed to report the incident. Although the applicant rendered a written statement denying the incident occurred the report concluded there was sufficient evidence to title the applicant with failing to obey a...
ARMY | BCMR | CY1996 | 9605182C070209
Consequently, she submitted her request for reclassification from the MOS of a personnel management specialist (75C) to MOS 91C. 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 applicant was properly enlisted in the pay grade of E-3 in MOS 75C at the time of her enlistment.
ARMY | BCMR | CY1996 | 9605183C070209
The applicant requests that his records be corrected to show that he reenlisted on 17 February 1993 for a period of 4 years instead of 3 years and that he be authorized repayment of $493.73 that was recouped from his pay as an unearned enlistment bonus. Had he been informed that his enlistment bonus was going to be recouped, he would have reenlisted for an additional year to avoid the recoupment. It further recommended that the applicants request to extend his reenlistment of 17 February...
ARMY | BCMR | CY1996 | 9605184C070209
Copies of the applicants DD Form 214, issued at the time of his separation from active duty on 24 January 1992 and contained in his Official Military Personnel File, all contain entries, which because of the way they were typed, are unreadable. The Kuwait Liberation Medal was approved on 3 January 1992 and is awarded to those members who participated in the Persian Gulf War from 17 January to 28 February 1991. RECOMMENDATION: That all of the Department of the Army records related to this...
ARMY | BCMR | CY1996 | 9605188C070209
She goes on to state that she believes that she has been unfairly assessed in the recoupment of her SRB because she had served 4 years of her 6-year reenlistment and had reclassified to a shortage MOS. 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...
ARMY | BCMR | CY1996 | 9605189C070209
The PERSCOM opined that the applicant was eligible to receive a $4,500.00 enlistment bonus at the time he enlisted in the Delayed Entry Program and that it is reasonable to presume that he would have enlisted for both the enlistment bonus and the LRP had he been made aware that he was eligible for both options. It appears that the applicant was unjustly denied the opportunity to enlist for a $4,500.00 enlistment bonus option in addition to the LRP option that was being offered by the...
ARMY | BCMR | CY1996 | 9605192C070209
The applicant requests correction of his military records by amending his 10 May 1993 reenlistment contract to show that he was entitled to receive a selective reenlistment bonus (SRB) with a multiplier of 2A. The PERSCOM in a comment to this Board, advised that an SRB-2A was in effect for MOS 68L at the time the applicant reenlisted and recommended that his records be corrected to reflect his entitlement to the SRB. RECOMMENDATION: That all of the Department of the Army records related to...
ARMY | BCMR | CY1996 | 9605206C070209
On 8 February 1994, the applicants commander advanced the applicant to the pay grade of E-2, effective 30 January 1994. Although the gaining commander took the appropriate steps to advance the applicant to the pay grade of E-2, the applicant did not receive his pay for that grade until March 1994, and then he only received his pay effective beginning 28 February 1994, instead of 30 January 1994. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1996 | 9605209C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant is a career soldier who entered the Army in 1983. He stated that he had volunteered for an airborne assignment, wanted to be part of the airborne tradition, however, he did not have to be airborne qualified for career advancement. The applicant successfully completed airborne training, was assigned to an airborne unit, and was expected to participate in airborne operations.
ARMY | BCMR | CY1996 | 9605222C070209
The applicant requests correction of her military records by amending her 6 October 1995 reenlistment contract to show that she was entitled to a selective reenlistment bonus (SRB) in the pay grade of E-6, vice pay grade E-5, as currently reflected and that she be reimbursed the monetary difference. The Total Army Personnel Command, in a comment to this Board, advised that the applicant had been promoted to the pay grade of E-6 with an effective date of 14 September 1995 (a date prior to...
ARMY | BCMR | CY1996 | 9605277C070209
During the investigation, two individuals told the IO that the applicant used racial slurs when speaking of the rated NCO, who was black. Based upon the 29 March 1994 SJA review of the NCOER investigation, the Commanding General (CG), 5th Army, issued the applicant a GOMOR on 15 April 1994. The allegation that the applicant used racial slurs in speaking of black soldiers was reported, but never investigated.
ARMY | BCMR | CY1996 | 9605281bC070209
He states, in effect, that he was eligible for promotion to captain at the time of his release from active duty on 10 March 1946. To be promoted, the officer's combined efficiency index was required to be 40 points or higher for all rated periods 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 received a promotion to the grade of captain on 10 March 1946 under the provisions of...
ARMY | BCMR | CY1996 | 9605282C070209
The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in Vietnam. 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. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing the individual concerned was awarded the Purple Heart for wounds sustained on 25 October...
ARMY | BCMR | CY1996 | 9605284C070209
APPLICANT REQUESTS: That her military record be corrected to reflect that she was awarded the Army Commendation Medal (ARCOM). The applicants record contains no information indicating that she was either recommended for or awarded the ARCOM. Therefore, unless or until the applicant provides additional information to substantiate the award of the ARCOM, the Board has no alternative but to reject her request.
ARMY | BCMR | CY1996 | 9605290C070209
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: He enlisted in the Regular Army for 3 years on 28 October 1958 and received training as a field communications crewman. The time for the applicant to file a request for correction of any error or injustice expired on 8 May 1965.