ARMY | BCMR | CY1996 | 9609758aC070209
On 20 August 1987, he enlisted in the Regular Army, in pay grade E-4, for 3 years. He indicated that he would not appeal the bar to reenlistment. On 11 August 1993, the commander indicated that he would not submit a separate appeal on behalf of the applicant.
ARMY | BCMR | CY1996 | 9609761C070209
On 15 January 1992 the applicant was notified a bar to his reenlistment was being imposed under the Qualitative Management Program (QMP). There is no evidence that the applicant appealed that bar. In view of the foregoing, there is no basis for granting the applicants request.
ARMY | BCMR | CY1996 | 9609777C070209
APPLICANT REQUESTS: Correction of the military records of her late spouse, the former service member (FSM) to show that he elected SBP (Survivor Benefit Plan) participation for his spouse within 1 year of his marriage. The applicants appeal for an SBP annuity was denied by the RC-SBP Board on 15 November 1989. The available evidence shows that the FSM was a member of the Army Reserve and eligible for retired pay at age 60, and that he married the applicant in 1987.
ARMY | BCMR | CY1996 | 9609778C070209
On 2 April 1985, the applicant was found physically qualified for separation under Army Regulation 635-200, chapter 13. On 3 April 1985, the applicants commander submitted a request recommending that the applicant be separated for unsatisfactory performance. The applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that he was discharged on 18 April 1985, in pay grade E-1, under Army Regulation 635-200, chapter 13, for unsatisfactory performance, with a...
ARMY | BCMR | CY1996 | 9609779C070209
Following a legal review of the investigation, sufficient probable cause existed to title the applicant for the offense of indecent acts. 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. BOARD VOTE: GRANT GRANT FORMAL HEARING DENY APPLICATION Karl F. Schneider Acting Director
ARMY | BCMR | CY1996 | 9609784C070209
While at Fort Sam Houston, the applicant was accused of stealing a fellow soldiers ATM card and removing money from the soldiers account. The applicant stated that she admitted stealing the ATM card and a second soldiers phone card after investigators told her that they had evidence against her (telephone records, witness statements, etc.) Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE codes based on their service...
ARMY | BCMR | CY1996 | 9609787C070209
APPLICANT REQUESTS: That he receive Standby Advisory Board (STAB) consideration for promotion to master sergeant (MSG). The PERSCOM will determine if a material error existed in a soldiers record when the file was reviewed by a promotion board. An error is considered material when there is a reasonable chance that had the error not existed the soldier may have been selected for promotion.
ARMY | BCMR | CY1996 | 9609791C070209
This resulted in his receiving BAQ and VHA payments to which he was not entitled for a period of approximately 2 1/2 years. Finance Office personnel computed the amount of overpayment of BAQ and VHA at $11,659.42. 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 | 9609795C070209
APPLICANT STATES: That he went TDY from Panama [his permanent duty station] to Honduras. On 12 September 1995, he was issued TDY orders for a 179-day assignment to Honduras. 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 | 9609797C070209
Entitlement to special pay is in addition to any other pay and allowances. 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. He certainly was intelligent enough to execute the more favorable ISP agreements and to accept $57,000 worth of payments.
ARMY | BCMR | CY1996 | 9609800C070209
That official stated that homosexuality, by itself, is not a disqualifier for award of the AGCM, and that unless the unit commander disqualified the applicant for award of the AGCM, according to the aforementioned procedures, the applicant should have been awarded the AGCM. He should have been awarded the AGCM after completion of three years service, for the period 23 May 1990 to 22 May 1993. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY1996 | 9609813C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. However, there is a letter from the ARPERCEN dated 22 July 1993 informing the applicant that he could not be transferred to the USAR because discharge orders had already been published. However, it appears that the applicant was either not informed that he was eligible for transfer to the Retired Reserve or that he had to submit a request to be transferred to the...
ARMY | BCMR | CY1996 | 9609880C070209
The applicant requests that his DD Form 214 for the period covering 21 March 1961 to 14 March 1967 be corrected to show he entered on active duty on 30 May 1958. He was issued a DD Form 214 for that service. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction of DD Form 214, for the period ending 14 March 1967, which corrects item 17c, Date of Entry, from 21 March 1961 to 4 June 1958.
ARMY | BCMR | CY1996 | 9609891C070209
APPLICANT REQUESTS: That he be reconsidered for promotion for major with his military records reflecting that he has two bachelor of science (BS) degrees. The PERSCOM stated that the applicants record was complete when it was considered by the 1996 promotion selection board. DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
ARMY | BCMR | CY1996 | 9609901C070209
The applicant requests, in effect, correction of his military records by reinstating 14 days of leave that he lost at the end of Fiscal Year 1996. An undated DA Form 31 (Request and Authority for Leave) indicates that the applicants request for transition leave from 16 September 1996 to 30 November 1996 was approved. Approval of his request was recommended.
ARMY | BCMR | CY1996 | 9609901aC070209
APPLICANT REQUESTS: In effect, correction of his military records by compensating him for 14 days leave that he lost at the end of Fiscal Year 1996. The evidence of record indicates that the applicant was flagged on 24 July 1996 due to an adverse action, which was an Army Regulation 15-6 investigation concerning accusations of sexual harassment; that, on 26 July 1996, he was ordered not to sign out on leave until he was officially notified by his commander; that his request for leave...
ARMY | BCMR | CY1996 | 9609908C070209
The investigation, which was conducted during the late 1993-early 1994 time frame, failed to substantiate any allegations of racial discrimination, but did conclude that the applicant treated his subordinates in an unprofessional manner. On 16 December 1993, the Army Lieutenant Colonel, Combat Arms Command Selection Review Board recommended the applicant for battalion command. He said that, in his professional opinion, the case against the applicant contained unsubstantiated material...
ARMY | BCMR | CY1996 | 9609913C070209
APPLICANT REQUESTS:: That his transfer from his reserve unit to the Retired Reserve be voided and that he instead be transferred to the USAR Control Group (Reinforcement). In response to that notification, he completed a DA Form 4187 certifying that he had 22 years of qualifying service for retired pay and that he elected transfer to the Retired Reserve if he was not selected for retention in his unit. Contrary to the applicants contention, he was advised in writing of his options if he...
ARMY | BCMR | CY1996 | 9609915C070209
The evidence confirms the applicant was awarded a Meritorious Service Medal for exceptionally meritorious service which was not recorded on his separation document. It would be inappropriate to reflect specialty 951A0, his warrant officer specialty, on his 31 January 1992 DD Form 214 because he did not hold that specialty during the period of service reflected by the DD Form 214. That all of the Department of the Army records related to this case be corrected: a. by showing that the...
ARMY | BCMR | CY1996 | 9609920C070209
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 | 9609922C070209
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. However, it appears that the applicant was either not informed that he was eligible for transfer to the Retired Reserve or that he had to submit a request to be transferred to the Retired Reserve.
ARMY | BCMR | CY1996 | 9609924C070209
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 enlisted in the Army for three years on 30 March 1970, completed training and was assigned to a transportation company in Vietnam in August 1970. On 21 December 1971 the applicant consulted with counsel and requested discharge...
ARMY | BCMR | CY1996 | 9609928C070209
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 | 9609949C070209
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 DD Form 214 showed that...
ARMY | BCMR | CY1996 | 9609953C070209
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 19 August 1975 the...
ARMY | BCMR | CY1996 | 9609965C070209
Military members on active duty on 21 September 1972 were to submit forms electing the coverage desired, or electing not to participate, prior to retirement or becoming eligible for retired pay. If, upon becoming eligible for retired pay, a signed declination or election of reduced coverage had not been submitted, the member would be automatically enrolled in the SBP with full coverage for the spouse. Therefore, in view of the foregoing, findings, conclusions and the advisory opinion, it...
ARMY | BCMR | CY1996 | 9610066C070209
The applicant states that he enlisted in the Army using his brothers name and social security number because he had been denied enlistment using his true identity and he had a strong desire to serve. His date of induction was 9 December 1970 and he was inducted under his brothers name and social security number. The applicant did not enlist in the Army; he reported for induction.
ARMY | BCMR | CY1996 | 9610102C070209
APPLICANT REQUESTS: Reconsideration of the type of relief granted to him by the Secretary of the Army on his application for correction of his military records, wherein his general discharge for unsuitability, personality disorder, was corrected to a discharge due to physical disability, rated 10 percent disabled, with severance pay. The PDA had recommended that the applicants records be corrected to show that he was physically unfit, rated 10 percent disabled, as a compromise in a case...
ARMY | BCMR | CY1996 | 9610121C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states that when he was discharged from the Pennsylvania Army National Guard (PAARNG) and as a Reserve of the Army he should have instead been transferred to the Retired Reserve because at the time, he was informed by his unit technician that he was being transferred to the Retired Reserve. RECOMMENDATION: That all of the Department of the Army records related to...
ARMY | BCMR | CY1996 | 9610140C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for an injury sustained during a mortar attack in Vietnam. In support of his claim he submits three pages of his medical records and the entry on 31 May 1969 reads two and 1/2 inch minor laceration and the words Purple Heart requested is written on the left side of the entry. EVIDENCE OF RECORD: The applicant's military records show: He entered active duty on 21 August 1967.
ARMY | BCMR | CY1996 | 9610148C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant served on active duty from 17 March 1966 to 2 June 1975. Whether the applicant passed his APFT or a physical is immaterial to DDD. Finally, he opined that the applicant failed to submit medical evidence that he was medically disqualified due to an incident while on duty with the National Guard, or that the National Guard aggravated a pre-existent condition.
ARMY | BCMR | CY1996 | 9610150C070209
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. While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon...
ARMY | BCMR | CY1996 | 9610157C070209
APPLICANT REQUESTS: That his records be corrected to show he was honorably discharged. The commander recommended he receive a general discharge, under other than honorable conditions. At the time of the applicants separation, the regulation provided for the issuance of an undesirable discharge (under other than honorable conditions).
ARMY | BCMR | CY1996 | 9610189C070209
A DD Form 398 (Department of Defense Personnel Security Questionnaire), which the applicant signed on 1 August 1988, indicates that his date of birth was 8 August 1939. A DD Form 4/1, signed by the applicant indicates that his date of birth was 8 August 1939, and that he enlisted in the United States Army Reserve on 21 December 1992. The available military records indicate that the applicants date of birth was shown as 29 August 1935 while he was a member of the United States Air Force,...
ARMY | BCMR | CY1996 | 9610199C070209
He was assigned code RE-3. 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. He has not shown error or injustice for the relief he now requests.
ARMY | BCMR | CY1996 | 9610205C070209
On 2 March 1989, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. On 24 March 1989, the appropriate authority approved her request and directed the issuance of a discharge UOTHC. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.
ARMY | BCMR | CY1996 | 9610205cC070209
She informed her commander of what had happen with the duty roster and her commander told her that she did not want to discuss the situation and told the applicant to just take her punishment and that this action would not ruin her career. On 12 October 1996, the Army Discharge Review Board denied the applicant's request for an upgrade of her discharge. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing: a. that the individual...
ARMY | BCMR | CY1996 | 9610207C070209
On 8 March 1993, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 14, misconduct (a pattern of misconduct). Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200. There appears to be no basis for removal or waiver of that disqualification which established the basis for the...
ARMY | BCMR | CY1996 | 9610225C070209
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 | 9610227C070209
EVIDENCE OF RECORD: The applicant's military records show: He was commissioned as a second lieutenant on 2 June 1952 and served on active duty from 30 September 1952 to 5 June 1955, at which time he was transferred to the USAR Control Group. To the contrary, he only had 21 years of total service before he was transferred to the Retired Reserve, 6 of which he spent in the USAR Control Group performing no duty and, therefore, were not creditable for retired pay. In view of the foregoing,...
ARMY | BCMR | CY1996 | 9610244C070209
On 24 July 1967, GO # 205, HQ, 1st Cavalry Division (1CD), awarded him the Combat Infantryman Badge (CIB). On 9 May 1968, GO # 2986, HQ 1CD, awarded him the Army Commendation Medal (ARCOM). He was entitled to award of the PH, the National Defense Service Medal, the Vietnam Service Medal, and the RVN Campaign Medal.
ARMY | BCMR | CY1996 | 9610252C070209
The OSRB contacted officials at the PERSCOM to determine if the SR had submitted a request to correct the contested OER and was informed that there was no record of such a request. 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. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1996 | 9610255C070209
She attended the following class, and was promoted on 7 December 1995, the graduation date of that class. Notwithstanding the opinion from the PERSCOM official, the applicant could not have requested a waiver of the BNCOC requirement prior to her promotion because there was no need to do so - she was unaware that she had been scheduled for the May 1995 class until after she had been promoted. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY1996 | 9610271C070209
Department of the Army listing of lineage and honors shows that HHD 180th Transportation Battalion was awarded the Meritorious Unit Commendation (MUC) for its service in Southwest Asia. The applicants DD Form 214 should be corrected to show that he was awarded the MUC. In view of the foregoing, it would be appropriate to correct the applicants record as recommended below.
ARMY | BCMR | CY1996 | 9610289C070209
APPLICANT REQUESTS: In effect, the applicant requests that his rank on his DD Form 214 (Report of Transfer or Discharge) be changed from SP5 (Specialist Five) pay grade E-5 to Sergeant E-5. EVIDENCE OF RECORD: The applicant's military records show: The applicant was promoted to Specialist Five effective and with a date of rank of 25 September 1969. Orders of 21 October 1970 awarding the applicant the Good Conduct Medal show his rank as SP5.
ARMY | BCMR | CY1996 | 9610290C070209
He was never awarded the Purple Heart Medal for his wound. EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted in the Army for three years on 9 August 1968. The time for the applicant to file a request for correction of any error or injustice expired on 13 April 1981.
ARMY | BCMR | CY1996 | 9610294C070209
An NGB Form 23, Army National Guard Retirement Credits Record, show that the applicant had qualifying years of service from the date of his enlistment on 2 December 1970 to the date of his discharge on 1 December 1980, for a total of 10 qualifying years of service for retired pay. The Adjutant General stated that the applicant has only completed 14 qualifying years of service for retired pay. Those 2 years, plus his 2 years of active duty, plus his 10 years of continuous service in the...
ARMY | BCMR | CY1996 | 9610304C070209
The applicant requests that a 17 April 1990 letter of reprimand and an NCO evaluation report (NCOER) for the period April 1992 through January 1993 be removed from his official file (OMPF). The applicant submits a copy of a letter of support from a member of congress, copies of letters from a Brigadier General and a Colonel requesting that a standby advisory board reconsider its recommendation that the applicants appeal [USAR AGR Qualitative Management Program] be disapproved, and that the...
ARMY | BCMR | CY1996 | 9610330C070209
APPLICANT REQUESTS: That his military records be corrected to show that he was retired by reason of physical disability. There is no evidence of record, nor has the applicant submitted sufficient evidence which would indicate that his mental disorder was of such severity while he was serving on active duty that he should have been referred through a medical evaluation board to a physical evaluation board. The Army must find that a service member is physically unfit to reasonably perform...
ARMY | BCMR | CY1996 | 9610332C070209
APPLICANT REQUESTS: That item #3 (grade/rank) on his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was a staff sergeant (SSG), pay grade E-6. EVIDENCE OF RECORD: The applicant's military records show: He was inducted on 14 August 1952 and through a series of reenlistments remained on active duty until his honorable discharge on 29 October 1962. The record shows that he was reduced to the grade of specialist five after the date of the order he claims proves that...