ARMY | BCMR | CY1996 | 9605300C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds received in World War II. 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. The clinical record dated 13 September 1944 shows that his wounds resulted from tripping over a grenade launcher that exploded causing fragmentation wounds to his chest.
ARMY | BCMR | CY1996 | 9605309C070209
APPLICANT REQUESTS: That her records be corrected to show that she executed a Student Loan Repayment Program (SLRP) addendum to her enlistment contract which was properly validated by her recruiter and that her student loans be paid for in accordance with the terms of that addendum. EVIDENCE OF RECORD: The applicant's military records show: She enlisted in the Army Reserve (USAR) on 19 August 1986 for 6 years in pay grade E-3. The applicant was never completed a properly countersigned SLRP...
ARMY | BCMR | CY1996 | 9605310C070209
The applicant requests that his reenlistment document (DD Form 4/1) dated 15 February 1994 be corrected to show that he reenlisted for 6 years instead of 8 years as is shown. His reenlistment term of service should have been for no more than a 6 year period. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing the individual concerned was reenlisted on 15 February 1994 for a term of 6 years.
ARMY | BCMR | CY1996 | 9605314C070209
APPLICANT REQUESTS: That his general court-martial conviction be set aside and that his bad conduct discharge (BCD) be upgraded to honorable or, in effect, general. On 7 January 1970, the rehearing was conducted and the applicant was sentenced to confinement at hard labor for 1 year and a BCD. The applicant has not demonstrated, and the record does not support, that he had a substance abuse or mental illness problem.
ARMY | BCMR | CY1996 | 9605316C070209
APPLICANT STATES: That his unit was added to the list of units eligible for a SRIP bonus prior to his reenlistment. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Army Reserve Delayed Entry Program (DEP) on 28 June 1983 in pay grade E-1. Army Regulation l35-7 only authorizes SRIP bonuses for nonprior service USAR enlistees, and for reservists who are in an active status, who either enlist or reenlist, as appropriate, in either a critical MOS or a critical...
ARMY | BCMR | CY1996 | 9605318C070209
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. Persons separated under Army Regulation 135-178, chapter 5, are assigned a code of RE-3. As for the applicant being awarded an MOS, although he attended the service school for 17 weeks, the fact that he received an entry level status performance and conduct separation verifies that he was never awarded the...
ARMY | BCMR | CY1996 | 9605347C070209
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 on 29 January 1971 for 3 years and was discharged at his own request on 24 August 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. ...
ARMY | BCMR | CY1996 | 9605350C070209
On 20 September 1978, following a new SJA review, the convening authority upheld the applicants original conviction but modified the sentence pertaining to hard labor and forfeiture of pay. The sentence to confinement was reduced to 28 months, which amounted to time served, and the forfeiture was to apply to pay and allowances becoming due on and after the date of the convening authoritys 20 September 1978 action. Based on the second convening authoritys action to modify the forfeiture...
ARMY | BCMR | CY1996 | 9605358C070209
He further states that as a result of his being discharged, he had to apply for a new commission which resulted in the loss of additional pay and benefits that he otherwise would have retained had he been properly counseled. EVIDENCE OF RECORD: The applicant's military records show: On 14 July 1977, the applicant, while serving as a medical corps officer in the rank of lieutenant colonel, was honorably released from active duty and transferred to a USAR unit in Miami, Florida. ...
ARMY | BCMR | CY1996 | 9605366C070209
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 entered active duty on 1 May 1970 and by December 1970 had accumulated several periods of AWOL and was punished three times under Article 15, UCMJ. The separation authority approved the request and on 27 September 1972 he was separated...
ARMY | BCMR | CY1996 | 9605380C070209
Although promotion boards do not divulge the reasons for selection or nonselection of officers for promotion, it is known that her nonselection was not related to her not having a baccalaureate degree, as she was commissioned in 1980 and the requirement only applied to Army Nurse Corps officers commissioned on or after 1 October 1986. Not only is there no evidence in the available records to support such a contention, the applicant has also not submitted any evidence which would suggest...
ARMY | BCMR | CY1996 | 9605383C070209
The applicant requests that his enlistment contract be corrected to show that he was entitled to receive an enlistment bonus under the Selected Reserve Incentive Program. A review of the letter submitted by the applicant from the FLARNG inspector generals office indicates that after consulting with the incentives branch of the FLARNG, it was determined that the courses taken by the applicant at Polk Community College were acceptable under the definition of a high school graduate via...
ARMY | BCMR | CY1996 | 9605396AC070209
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 applicant requests...
ARMY | BCMR | CY1996 | 9605399C070209
APPLICANT REQUESTS: That his promotion points worksheets (DA Form 3355) be reconstructed to determine if he met the promotion point cut-off score for promotion prior to 1 September 1995. Exceptions to this policy (Requirement to complete BNCOC prior to promotion) may be requested from the PERSCOM. The Board also notes that the earliest the applicant could have been promoted to the pay grade of E-6, based on the information contained in his records, and assuming he met the cut-off score,...
ARMY | BCMR | CY1996 | 9605407C070209
The clerk stated that if the documents had been submitted on time the applicant would have been promoted in May. The applicant submitted a request for exception to policy on 25 April 1995, requesting that he be promoted on 1 May 1995 because of the circumstances concerning his documents for reevaluation of his promotion points. On 3 November 1995 an official of the Total Army Personnel Command (PERSCOM) Promotions Branch acknowledged the negligence involved in the processing of the...
ARMY | BCMR | CY1996 | 9605410C070209
In conjunction with his enlistment he completed a DA Form 3286-67, Statement of Understanding, Army Policy, in which is stated in item 5 I have enlisted for the following Educational Incentive Programs (initial under the appropriate column for each program). That form provided yes and no spaces for the enlistee to initial if the MGIB, the Army College Fund (ACF), or the LRP was chosen in conjunction with the enlistment. The LRP is an educational enlistment incentive which provides for...
ARMY | BCMR | CY1996 | 9605413C070209
APPLICANT STATES: In effect, that the aforementioned OERs were rendered during his prior active service as a commissioned officer and the presence of them in his OMPF serves to create an unfair and unequal discriminator against him for promotion selection. When a soldier reenters the Army after a break in service, the old OMPF will be sent from the Army Reserve Personnel Center (ARPERCEN) to the appropriate OMPF custodian. DISCUSSION: Considering all the evidence, allegations, and...
ARMY | BCMR | CY1996 | 9605421C070209
APPLICANT REQUESTS: That his home address contained in his military records be corrected from an address in Rhode Island to an address in Massachusetts. He submits two other statements attesting to his living in Massachusetts when he enlisted, and plot maps showing that a gas station exists on the street that is listed as his address in his military records. The applicant stated in writing at the time of his induction that he lived at an address in Rhode Island.
ARMY | BCMR | CY1996 | 9605486C070209
APPLICANT REQUESTS: In effect, that the unearned portion of his Selective Reenlistment Bonus (SRB) that was recouped from him be given back to him. APPLICANT STATES: That the unearned portion of his SRB was recouped from him under the false assumption that his separation was due to his own misconduct. In view of the preceding, the applicants separation for weight control failure was properly considered voluntary for the purpose of the collection of the unearned portion of his SRB monies.
ARMY | BCMR | CY1996 | 9605488C070209
On 21 September 1985, the applicant entered active duty as a reserve commissioned officer of the Army, in the rank of Major (O-4) with 4 years and 20 days of prior active service and 13 years, 7 months and 11 days of prior inactive service. Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. The applicants medical record...
ARMY | BCMR | CY1996 | 9605496C070209
The applicant requests, in effect, that his record be corrected to reflect that he was awarded the Bronze Star Medal (BSM), the Purple Heart, and the Silver Star for service in World War II. He states that he was wounded in combat in Italy and was recommended for the Silver Star by his company commander but never received the award. Notwithstanding the foregoing determinations, and after considering the ARPERCENS recommendation regarding the Purple Heart, the Board believes that the...
ARMY | BCMR | CY1996 | 9605505C070209
The applicant requests correction of his military records to show on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 1 February 1986 that the place of entry into active duty was San Antonio, Texas, instead of Fort Sill, Oklahoma. Orders issued by Fort Sill, dated 12 March 1974, indicate that the applicant was ordered to active duty from the Texas Army National Guard, in the rank of second lieutenant, as a Reserve officer of the Army effective...
ARMY | BCMR | CY1996 | 9605510C070209
The applicant requests that his DD Form 214, Release or Discharge from Active Duty, be corrected to reflect that he was awarded the National Defense Service Medal (NDSM) and the Army Service Ribbon (ASR). For those enlisted soldiers assigned an MOS based on civilian or other service acquired skills, this ribbon will be awarded on honorable completion of 4 months of active service. In an advisory opinion to this Board the US Army Reserve Personnel Center determined that the applicant met...
ARMY | BCMR | CY1996 | 9605513C070209
APPLICANT STATES: That he should have been medically retired, because the VA awarded him a 30 percent disability rating after he was separated from active duty. EVIDENCE OF RECORD: The applicant's military and medical records show: On 26 March 1982, after having previously served for 6 months and 27 days active duty, he enlisted in the Regular Army. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1996 | 9605517C070209
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 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...
ARMY | BCMR | CY1996 | 9605521C070209
He states that he had completed 4 years of Junior Reserve Officers Training Corps (JROTC) and was recommended for enlistment in pay grade E-3 with accelerated promotion to pay grade E-4 by his Senior Marine ROTC instructor. Rule B1 of that table specifies that individuals who have successfully completed 3 to 4 years of JROTC instruction, but have not been recommended in writing by the senior service instructor (SSI) for enlistment at a higher pay grade, will be enlisted in pay grade E-2. ...
ARMY | BCMR | CY1996 | 9605524C070209
He was awarded the Purple Heart and evacuated to the States but the award does not appear on his DD Form 214. His enlisted qualification record and his medical records reflect that he was wounded as a result of an enemy booby trap on 22 August 1968. The applicants personnel and medical records confirm that he was wounded as a result of enemy action in Vietnam and is entitled to the Purple Heart.
ARMY | BCMR | CY1996 | 9605541C070209
APPLICANT REQUESTS: In effect, that a record of nonjudicial punishment (NJP) he received on 1 March 1991 be removed from all Army records and that the removal be reported to the Federal Bureau of Investigation (FBI) so that the record of NJP can be removed from their files. APPLICANT STATES: That the record of NJP contained in his official military records and FBI records is hindering his advancement in his current career of law enforcement. DISCUSSION: Considering all the evidence,...
ARMY | BCMR | CY1996 | 9605548aC070209
He claims that he was wounded in the right buttocks by enemy small arms while clearing obstacles on Omaha Beach. Because of the high casualty rate on Omaha Beach on the morning of 6 June 1944, only the most severely wounded were seen by medical doctors and had their wounds documented; all others were treated and returned to duty by enlisted medics. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended...
ARMY | BCMR | CY1996 | 9605555C070209
On 29 November 1971, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-212, for unfitness with a discharge UOTHC. Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. 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 | CY1996 | 9605561C070209
The Board learned that the applicants abdominal wounds were so severe that a contemplated transfer from confinement to a Rehabilitation Center was disapproved; however, the stockade physician found him to be fit for duty to a limited extent. The Board asked the applicant why he went AWOL so many times while at Camp Atterbury and he indicated that he was just laying around with nothing to do and got bored and left. After hearing the applicants testimony and reviewing his military...
ARMY | BCMR | CY1996 | 9605562C070209
APPLICANT REQUESTS: That the nonjudicial punishment (NJP) he received be removed from his record. The record shows that after being advised of his rights in connection with accepting NJP, he did not demand trial by court-martial. 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 | 9605569C070209
The code of RE-1 is assigned to individuals who complete an initial term of active service and who were fully qualified to reenlist when last separated. The applicant's records do not contain any apparent reason why he would have been assigned an RE-3 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 release from active duty on 29 August 1980.
ARMY | BCMR | CY1996 | 9605574C070209
APPLICANT REQUESTS: That his uncharacterized discharge be corrected to a general discharge for medical unfitness. On 24 December 1990, based on a request from the applicant's command, a physician examined the applicant and determined that his physical problems had not existed prior to his entry on active duty, but those conditions were not medically unfitting under retention standards. Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct, provides for the...
ARMY | BCMR | CY1996 | 9605577C070209
The applicant requests that his transfer to the USAR Control Group (Retired) be corrected to transfer to the USAR Control Group (Reinforcement). He was promoted to chief warrant officer two and was transferred to the USAR Control Group (Reinforcement) on 2 July 1984. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a by showing that the individual concerned was transferred from the USAR Control Group (Retired) to the USAR Control Group...
ARMY | BCMR | CY1996 | 9605585C070209
APPLICANT REQUESTS: That although he did not receive combat infantryman pay, he would like the record to reflect that he was entitled to the Combat Infantryman Badge (CIB) for service in World War II. His certificate for disability discharge shows that he was treated for and eventually discharged for conditions related to the trench foot injury. The records of the organization to which he belonged during World War II do not reflect that he received combat infantryman pay probably because...
ARMY | BCMR | CY1996 | 9605588C070209
APPLICANT REQUESTS: That his dishonorable discharge be upgraded. He was found guilty of both charges and sentenced to a dishonorable discharge, 3 years confinement at hard labor and a total forfeiture of pay and allowances. The Board notes his contention of good post-service conduct; however, his record as compiled by the FBI indicates arrests since his separation from military service.
ARMY | BCMR | CY1996 | 9605595C070209
APPLICANT REQUESTS: Correction of his separation document (DD Form 214) dated 26 September 1991 to reflect his pay grade as E-6. APPLICANT STATES: In effect, that although he was serving in the pay grade of E-5 at the time he was discharged, he previously held the pay grade of E-6 and his records should be corrected to reflect the highest grade he held. It states, in pertinent part, that item 4a and 4b of the DD Form 214 will contain the active duty grade of rank and pay grade at the time...
ARMY | BCMR | CY1996 | 9605596C070209
After reviewing the evidence in the case as well as the applicants appeals/rebuttals, the CG recommended on 22 November 1993 that the findings and recommendations of the BOI be approved and that he be honorably discharged. Accordingly, based on the evidence submitted by the applicant and the evidence of record, the Board finds that the dismissal of the applicant from the CGSC was accomplished in compliance with applicable laws, regulations, and policies. Accordingly, the applicants...
ARMY | BCMR | CY1996 | 9605610C070209
The applicant was notified of the bar action on 10 August 1995, provided a copy, and counseled and advised of the basis for the bar. In a formal, written counseling, he was told that the bar was being imposed because of his poor duty performance, conduct, and overall behavior; the alleged assault, the failure to obey a direct order to stay away from the female soldier, and his violation of WRAMC protocols. DISCUSSION: Considering all the evidence, allegations, and information presented by...
ARMY | BCMR | CY1996 | 9605612C070209
That official stated that the nonjudicial punishment action against the applicant was proper, that the applicant had the opportunity to appeal that punishment and the NCO evaluation report predicated upon it, but did not do so. As its name indicates, nonjudicial punishment is different from a trial by court-martial. The applicant had the opportunity to appeal, as do all soldiers who receive nonjudicial punishment, and he elected not to do so.
ARMY | BCMR | CY1996 | 9605615C070209
APPLICANT REQUESTS: In effect, the applicant requests that a letter of reprimand and an adverse NCO evaluation report (NCOER) be removed from his official file. APPLICANT STATES: That he was selected to attend the NCO advanced course in 1987 and should have been promoted to pay grade E-7, however, the following year he received a letter of reprimand for driving while intoxicated, and an adverse NCOER. He was considered for promotion under the January 1993 criteria by a DA Standby Advisory...
ARMY | BCMR | CY1996 | 9605617C070209
On 23 April 1996, a member of Congress was advised by the PERSCOM authorities that the applicants request for an extension on active duty beyond his mandatory release date of 29 February 1996 was not favorably considered; that, as a two time nonselect for promotion to CW3, he was required by law to separate from active duty; that, although a MMRB recommended the applicant for reclassification as a supply warrant officer, this action was taken 4 months after he had been a nonselect for...
ARMY | BCMR | CY1996 | 9605620C070209
In part IVb, performance and potential evaluation, his performance during the rated period was rated by his rater as having Usually exceeded requirements. In support of his application, he submitted a statement from his SR in which the SR indicated that it was his intent to place the applicant with the pack, but due to the sequencing of his OER, his profile did not turn out that way. Paragraph 4-16b(5)a states, in effect, that the rated officers evaluation of potential by the SR is to...
ARMY | BCMR | CY1996 | 9605620aC070209
The applicant requests reconsideration of his request that the officer evaluation report (OER) covering the period 1 May 1990 through 5 November 1990 be corrected to reflect a top block rating in part VIIa, potential evaluation, instead of the second block rating he received. Although it is apparent to the Board that the SR intended to place the applicant in the second block, given the circumstances in this case and the favorable comments by the SR in the contested OER, it is not...
ARMY | BCMR | CY1996 | 9605622C070209
The applicant requests correction of his military records by amending his 12 December 1995 reenlistment contract to show that he reenlisted on 9 January 1996 for a period of 6 years instead of 4 years. It opined, in effect, that a SRB-1B had been authorized for the applicants MOS on 1 January 1996 and had the applicant applied for a waiver to reenlist under his 90-day window, an exception would have been granted. It goes on to state that personnel are not authorized to reenlist outside of...
ARMY | BCMR | CY1996 | 9605630C070209
He states that although his selection under the Armys Qualitative Management Program and subsequent separation weighed heavily on him he had not yet reached [his] bottom and continued to drink after his separation. The applicant states that his discharge was a direct result of the Armys failure to properly diagnose and treat [his] disease of alcoholism and he is now requesting that [he] be given something for the over 16 years of active service [he] gave [his] country. EVIDENCE...
ARMY | BCMR | CY1996 | 9605638aC070209
The applicant requests that his separation document (DD Form 214) be corrected to reflect his correct Social Security Account Number (SSAN). The applicant states, in effect, that the eighth digit of his SSAN is incorrectly listed on his DD Form 214 as a 9, and that it should be a 4. He provides a copy of his social security card and DD Form 214 to substantiate his claim. The eighth digit is a 9. 6.
ARMY | BCMR | CY1996 | 9605648C070209
The applicant requests award of the Kuwait Liberation Medal. (Note: His request for award of the Southwest Asia Service Medal has been administratively corrected.) RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait.
ARMY | BCMR | CY1996 | 9605651C070209
His DD Form 214 indicated that he had completed 8 months and 14 days of creditable active service and 25 days of lost time. 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 15 June 1975.