ARMY | BCMR | CY1996 | 9608642C070209
On 7 May 1991, 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. 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. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210 (Regular Army and Army...
ARMY | BCMR | CY1996 | 9608658C070209
The applicant requests reconsideration of his request that his records be corrected to show entitlement to award of the Purple Heart (PH). The applicant is entitled to award of the BSM based on award of the CIB. That all of the Department of the Army records related to this case be corrected by showing his entitlement to award of the BSM (based on award of the CIB).
ARMY | BCMR | CY1996 | 9608659C070209
His Personnel Qualification Record shows that he was advanced to pay grade E-2 on 24 February 1990; to E-3 on 1 September 1990; reduced to E-2 on 29 September 1991; and, advanced to E-3 on 1 December 1991. On 6 May 1993, the appropriate separation authority approved his separation with a GD. On 13 May 1993, he was discharged, with a GD, in pay grade E-3, under the above cited regulation.
ARMY | BCMR | CY1996 | 9608664C070209
The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 4 April 1983, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service in lieu of trial by court-martial with a discharge under other than conditions (UOTHC). In consideration of the foregoing findings and conclusions, and in recognition of his more than 7 1/2 years, of good service, it would be unjust to consider his honorable discharge of 8 April...
ARMY | BCMR | CY1996 | 9608666C070209
On 11 October 1990, PEB Proceedings found the applicant to be physically unfit for further active service by reason of LBP and recommended that he be separated, 10 percent disabling, with severance pay. The medical evidence of record supports the determination that the applicants unfitting condition was properly diagnosed and rated at the time of his discharge. In order for the applicant to be retired for service, he must have satisfactorily completed a minimum of 20 years of active duty...
ARMY | BCMR | CY1996 | 9608669C070209
The applicant request, in effect, correction of his military records to show that he change his SBP election from spouse only, with 20 percent supplemental SBP (SSBP) to spouse only with no SSBP. On 9 June 1996, the applicant appealed to this Board for correction of his military records. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected to show that the applicant changed his SBP election from spouse only with 20 percent supplement SBP...
ARMY | BCMR | CY1996 | 9608678C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In support of his application, he submits copies of his military medical records, and Social Security and VA medical evaluations. The Army must find that a service member is physically unfit to reasonably perform his or her duties before he or she can be medically retired or separated.
ARMY | BCMR | CY1996 | 9608694C070209
The board, after careful deliberation, found the applicant to have undesirable habits and traits of character and recommended that he be furnished an Undesirable Discharge Certificate. The findings and recommendations of the board of officers were approved by the assistant adjutant general, a captain, on 7 May 1958, and the applicant was furnished an Undesirable Discharge Certificate on 21 May 1958. In view of the foregoing conclusions, the applicants records should be corrected as...
ARMY | BCMR | CY1996 | 9608696C070209
APPLICANT STATES: In effect, he enlisted in the Regular Army in 1976; that because of his maturity and misconduct, he was discharged under other than honorable conditions (UOTHC). On 20 September 1976, 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. On his enlistment agreement contract, which he authenticated with his signature, it states that he had no prior military service On 31...
ARMY | BCMR | CY1996 | 9608704C070209
He reenlisted on 12 December 1952 and was dishonorably discharged on 13 August 1954 pursuant to the sentence of a general court-martial. 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...
ARMY | BCMR | CY1996 | 9608707C070209
Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. 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. He noted there was no evidence to support the...
ARMY | BCMR | CY1996 | 9608726C070209
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to honorable. EVIDENCE OF RECORD: The applicant's military records show: On 27 November 1968 he reenlisted in the Regular Army at Long Binh, Vietnam for a period of 6 six years. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges are preferred, submit a...
ARMY | BCMR | CY1996 | 9608731C070209
On 20 September 1988, the applicant was reduced to the lowest enlisted grade and discharged, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC. On 16 August 1996, the Army Discharge Review Board denied the applicants request for an upgrade of his discharge. In consideration of the foregoing findings and conclusions, and in recognition of his more than 7 years, of good service, it would be unjust to consider his honorable discharge...
ARMY | BCMR | CY1996 | 9608734C070209
He completed 12 years of formal education. On 18 May 1987, the appropriate authority approved his request and directed the issuance of a discharge UOTHC. On 17 June 1987, 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 | CY1996 | 9608775C070209
He was in confinement from 7 August 1968 until 2 January 1969. On 16 September 1969 the applicants commanding officer recommended that the applicant be discharged for unfitness under the provisions of Army Regulation 635-212. He stated that he understood the nature and consequences of the undesirable discharge that he might receive.
ARMY | BCMR | CY1996 | 9608777C070209
In April 1972, the applicant was hospitalized for anxiety reaction, however particular are missing from his files. The PEB found the applicant unfit for further military service and recommended that he be separated from military service with severance pay. The Commander, USA Physical Disability Agency, in a comment (COPY ATTACHED) to this Board, found no evidence of error or injustice and recommended that the records not be changed as related to disability compensation or separation.
ARMY | BCMR | CY1996 | 9608779C070209
Accordingly, he was discharged under honorable conditions on 26 October 1970 under the provisions of Army Regulation 635-212 for unsuitability due to a character and behavior disorder. It required retroactive application of revised policies, attitudes and changes in reviewing applications for upgrade of discharges based on personality disorders. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the...
ARMY | BCMR | CY1996 | 9608782C070209
The commander cited the reason for separation as the applicants personality disorder and recommended a description of service as uncharacterized, based on the applicant being in an entry level status. Any individual who has served for less than l80 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. Army Regulation 635-200 establishes that a soldier separated for a personality...
ARMY | BCMR | CY1996 | 9608788C070209
At the time of her enlistment in the Regular Army, she executed a DA Form 3286, U.S. Army Enlistment Option, in which she elected the 2-year enlistment and the training of choice enlistment options. The ACF is an incentive program which is available to certain Regular Army enlistees who participate in the MGIB. The PERSCOM stated that the ACF was available for MOS 76Y in May 1987 (the month the applicant enlisted in the DEP), but not in November 1987 (the month the applicant enlisted in...
ARMY | BCMR | CY1996 | 9608812C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The resultant punishment was forfeiture of $20.00 per month for 2 months and to perform hard labor without confinement for 3 months. On 9 November 1973, the Army Discharge Review Board (ADRB) denied the applicants request for an upgrade to his discharge and found that the discharge process was proper in all respects.
ARMY | BCMR | CY1996 | 9608815C070209
EVIDENCE OF RECORD: The applicant's military records show: He initially joined the Army Reserve in 1973 and began his last term of service on 27 September 1990 when he reenlisted for 3 years. On 23 March 1994 the applicant's unit commander initiated separation action on the applicant, under the provisions of paragraph 7-11c, AR 135-178 for commission of a serious offense. The evidence of record nor the evidence provided by the applicant is sufficient to establish that the applicant's years...
ARMY | BCMR | CY1996 | 9608818C070209
In effect, the applicant requests that the narrative reason for his separation (block 28) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed; and that his commanders reasons for recommending his separation be corrected. The appendix to that regulation indicates that the SPD code for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, is JKK, and the narrative reason is Misconduct-Drug abuse. Paragraph 2-3d states the...
ARMY | BCMR | CY1996 | 9608829C070209
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. On 29 September 1975, 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. 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 | 9608830C070209
The first specification covered the period the applicant was AWOL from Fort Ord, 7 September-18 October 1971 and the second specification was for an AWOL period 21-22 October (1 day) from Fort Leonard Wood. Accordingly, on 19 October 1972 the applicant was discharged while in an AWOL status after completing 1 year, 1 month, and 15 days of active military service and accruing 121 days of time lost. DISCUSSION: Considering all the evidence, allegations, and information presented by the...
ARMY | BCMR | CY1996 | 9608834C070209
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. The time for the applicant to file a request for correction of any error or injustice expired on 14 December 1974.
ARMY | BCMR | CY1996 | 9608842C070209
Chapter 13 of Army Regulation 735-5 states that the Government may impose a finding of pecuniary liability whenever negligence or willful misconduct is found to be the proximate cause of any loss, damage, or destruction of Government property for which a soldier has personal responsibility. Although the applicant may have been responsible from an operational standpoint of coordinating movement of platoon equipment from one area of the Reserve Center to another, this cannot be construed to...
ARMY | BCMR | CY1996 | 9608849C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of the Purple Heart. 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. According to his VA records he initially filed a disability claim for residual of shrapnel in 1986.
ARMY | BCMR | CY1996 | 9608851C070209
While his knee surgery was noted during that examination, he was determined medically qualified at that time. Those members who do not meet medical retention standards will be referred to a physical evaluation board for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition. If the PEB determines that an individual is physically unfit, it recommends the percentage of disability to be awarded which, in...
ARMY | BCMR | CY1996 | 9608857C070209
The applicants military records show that he was unmarried and declined SBP coverage prior to his retirement from active duty. On 21 March 1996, the applicant gained a spouse, however, he did not alter his SBP election prior to retirement date. By law, a retiring member must make an SBP election prior to date of retirement and spousal concurrence is required on date of retirement.
ARMY | BCMR | CY1996 | 9608861C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states, in effect, that he was not given the opportunity to be transferred to the Retired Reserve and that when he requested transfer to the Retired Reserve in October 1994, because of the frustration he was experiencing in not receiving answers to his letters to the Army Reserve Personnel Center (ARPERCEN), he was informed by a letter from the ARPERCEN dated 22...
ARMY | BCMR | CY1996 | 9608883C070209
APPLICANT REQUESTS: In his 20 June 1994 application that his military records to reflect award of the Purple Heart. His separation report, which he authenticated, does not list the Purple Heart as an authorized award and item 34 (wounds received in action) reflects NONE. Subsequent to his separation from active duty he applied for VA compensation for frozen hands and feet, which he indicated he sustained prior to his captivity and which worsened while he was a POW. There is no evidence,...
ARMY | BCMR | CY1996 | 9608900C070209
The applicant requests correction of his military records to show that he enlisted in June 1944, that he was awarded the Expert Infantryman Badge in April 1944 and that he was a POW from August 1944 until May 1945. He also notes that he should be awarded the French Croix de Guerre and that his records should be corrected to reflect that he was wounded on 7 August 1944 and that his medical records be corrected to show that he suffered from frostbite, phlebitis, amebic dysentery and...
ARMY | BCMR | CY1996 | 9608904C070209
Following his success before the show cause board, the applicant appealed the OER to the Officer Special Review Board (OSRB) and the GOLOR to the DA Suitability Board (DASEB). In a previous appeal denial, the OSRB stated the AR 15-6 investigation found the applicant had committed misconduct and the applicant had not successfully refuted that finding in his appeal. The only evidence supporting the allegation that the applicant asked the female soldier for a date were statements from the...
ARMY | BCMR | CY1996 | 9608905C070209
He states that he was promoted to Staff Sergeant effective 1 December 1993 and has not received back pay and allowances for the 28 day period following that promotion. The US Army Enlisted Records and Evaluation Center in an advisory opinion to this Board recommends that the applicant receive any and all pay and allowances due him for the period 1 December 1993 through 28 December 1993. The evidence of record and an advisory opinion establish that the applicant should received back pay for...
ARMY | BCMR | CY1996 | 9608908C070209
The OSRB contacted the SR to ascertain why the SR had placed the applicant in the second block and to determine if he had mistaken the applicant for someone else. Paragraph 4-16b(5)a states, in effect, that the rated officers evaluation of potential by the SR is to be made by comparing the rated officers potential with all other officers of the same grade rated by the SR. The Department of the Army then uses the reports to record the SRs rating history (profile).
ARMY | BCMR | CY1996 | 9608922C070209
The applicants commander submitted a request for an exception to policy dated 19 December 1995, that would allow her to be promoted prior to completion of BNCOC. The Noncommissioned Officer Education System (NCOES) Branch of the PERSCOM approved a waiver of the BNCOC requirement and indicated that the applicant was scheduled to attend a BNCOC class from 18 April to 25 June 1996. The applicant successfully completed BNCOC on 25 June 1996 and was promoted to the pay grade of E-6 on that date.
ARMY | BCMR | CY1996 | 9608923C070209
The applicant enlisted under a program that authorized a pay grade higher than E-1 at the time of enlistment. Specifically, he was enlisted in pay grade E-3 under rule E-2 which provided that since he was credited with thirty to fifty-nine semester hours of college credits he could be enlisted in pay grade E-3. In view of the foregoing, there appears to be no basis for granting the applicants request.
ARMY | BCMR | CY1996 | 9608927C070209
APPLICANT REQUESTS: In effect, correction of his military records to reflect award of the POW Medal and POW status. 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. Neither opinion contains information, advice or recommendation which would constitute a basis for granting the relief requested or for excusing the applicant's failure to timely file.
ARMY | BCMR | CY1996 | 9608943C070209
APPLICANT REQUESTS: That his records be corrected to show his rank as Technician 4th Grade (Tech 4). EVIDENCE OF RECORD: The applicant's military and medical records show: During the period 4 April 1941-12 September 1945, he served in the Army of the United States, a total of 4 years, 5 months, and 10 days. The applicants rank and creditable service are correct as stated on his Report of Separation.
ARMY | BCMR | CY1996 | 9608945C070209
APPLICANT REQUESTS: Correction of her military records to show her current name and sex. APPLICANT STATES: She has changed her sex from male to female and has legally changed her name and gender to reflect that change. In the applicant's case the records reflect the correct name and sex under which military service was performed.
ARMY | BCMR | CY1996 | 9608961C070209
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. His DD Form 214, issued at the time does not list the Purple Heart as an authorized award and the item pertaining to wounds received as a result of enemy action contains the entry NA. He continued to serve on active duty until 31 March 1972 when he retired. The time for the applicant to file a...
ARMY | BCMR | CY1996 | 9608976C070209
APPLICANT REQUESTS: Correction of his military records to reflect disability retirement versus disability separation. 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.
ARMY | BCMR | CY1996 | 9608998C070209
While in Korea the applicant was awarded two Army Achievement Medals (9100303-910326 and 900630-910605). While at Fort Bliss he deployed with his unit to Southwest Asia between 30 October and 17 December 1993 and awarded two additional awards of the Army Achievement Medal (910819-910823 and 9106-9403). The evidence of record confirms the applicant was awarded four awards of the Army Achievement Medal although only three awards were recorded on his separation documents.
ARMY | BCMR | CY1996 | 9609033C070209
While his WD AGO Form 53-55 (report of separation) reflects award of the Combat Infantryman Badge and two U.S. unit decorations awarded to the 506th Parachute Infantry Regiment it does not reflect award of either Purple Heart, the Bronze Star Medal or any foreign decorations awarded to the applicants unit. Subsequent to the applicants separation, in 1965, the U.S. Army Reserve Personnel Command awarded the applicant a Bronze Star Medal as a conversion award based on the applicants Combat...
ARMY | BCMR | CY1996 | 9609057AC070209
APPLICANT REQUESTS: That the orders transferring him from his USAR unit to the USAR Control Group and the orders discharging him from the USAR both be corrected to show his rank as sergeant first class. EVIDENCE OF RECORD: The applicant's Official Military Personnel File (OMPF) and incomplete Military Personnel Records Jacket (MPRJ) show: He enlisted in the Regular Army on 5 May 1966, was awarded the MOS of tactical telecommunications center operator, served in Vietnam, and was promoted to...
ARMY | BCMR | CY1996 | 9609074C070209
The applicant requests that the last 3 (sic) years of the time he served on active duty be considered time served in the USAR in order to qualify for retired pay at age 60. At that time he had completed more than 21 years of qualifying service for reserve retired pay at age 60. As such, it would be in the interest of justice to grant his request by correcting his records to show that his last 4 years of service in the Regular Army was service in the USAR, thereby satisfying the requirement...
ARMY | BCMR | CY1996 | 9609077aC070209
He states, in effect, that he just recently learned that officers released at the conclusion of World War II were eligible for a terminal leave promotion. Documents provided by the applicant together with the pertinent instructions from War Department Circular 140 indicates that he had a an efficiency index and the requisite time in grade that made him eligible for a relief from active duty promotion to the next higher grade upon his separation from active duty on 25 December 1945. ...
ARMY | BCMR | CY1996 | 9609107C070209
The applicant maintains the brigade commander did not have the authority to order discharge in view of the history and diagnosis and lack of opportunity to overcome deficiencies. The applicant stated in other correspondence that he was trained as a combat engineer but since February 1986 performed duties as a supply sergeant. On 13 December 1993 the applicant was notified by his unit commander that he was initiating action to administratively separate the applicant from active duty for a...
ARMY | BCMR | CY1996 | 9609108aC070209
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) for his service in Vietnam. The evidence of record shows that applicant was awarded the CIB during his Vietnam service and apparently through an administrative error it was not recorded on his DD Form 214. 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 CIB for service in Vietnam in 1970.
ARMY | BCMR | CY1996 | 9609203C070209
That official later agreed, during informal coordination, that that opinion was in error, and that the applicants effective date of advancement and date of rank should be 12 December 1990, the date he enlisted in the Army National Guard. The applicant should have been enlisted in the Army National Guard on 12 December 1990 in pay grade E-3. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned enlisted in...