ARMY | BCMR | CY1996 | 9610340C070209
The applicant requests that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He states that until he submitted a request to be transferred to the Retired Reserve in 1994 he was under the impression that he was assigned to the USAR Control Group (Individual Ready Reserve) because he continued to receive statements of his retirement points. In view of the foregoing and since the applicant meets the eligibility requirements for assignment to the...
ARMY | BCMR | CY1996 | 9610361C070209
APPLICANT REQUESTS: That his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show that he was awarded a second Army Commendation Medal (ARCOM), and that he was awarded two Purple Heart Medals, a Bronze Star Medal, and a Silver Star. He submits copies of orders for a Purple Heart and an ARCOM in support of his application. Army Regulation 600-8-22 provides that the Silver Star is awarded for gallantry in action against the enemy.
ARMY | BCMR | CY1996 | 9610380C070209
The applicants records show that he enlisted in the Regular Army on 27 November 1995 as a private (pay grade E-1). Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, provides that an applicant who has completed 60 or more classroom semester hours at an accredited college or university shall be enlisted in pay grade PFC. In accordance with regulations in effect at the time, the applicant had completed the requisite number of college courses to be enlisted in pay...
ARMY | BCMR | CY1996 | 9610391C070209
The contested OER is a relief for cause report for the period 14 December 1992 through 18 May 1993. The applicant appealed the OER in question to the Officer Special Review Board (OSRB) on 24 August 1994. The statement from the show cause board member (a colonel) indicates that all of the board members (colonels) unanimously decided without reservation that there was no evidence of wrongdoing on the part of the applicant, that there were no attempts by his rating chain to investigate the...
ARMY | BCMR | CY1996 | 9610398C070209
On 30 August 1977, the appropriate authority approved his request and directed the issuance of a discharge UOTHC. On 8 September 1977, he was discharged, under the provisions of Army Regulation 635-200, chapter 10, with a discharge UOTHC. 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 | 9610405C070209
On 25 April 1970, the applicant was discharged under the provisions of Army Regulation 635-212 for unfitness (frequent incidents of a discreditable nature with civil or military authorities), 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. Failure to file within 3 years may be excused by a correction board if it finds it would be in...
ARMY | BCMR | CY1996 | 9610406C070209
The applicant requests that he be credited with 20 years of qualifying service for retired pay. The NGB confirmed that the applicant has 19 years, 11 months and 28 days of qualifying service, and opines that the applicant had reason to believe that he had completed 20 years of qualifying service since after he had been notified that he had completed 18 years, 3 months and 30 days of service, he served an additional 1 year and 8 months from the date of that notification, which would appear...
ARMY | BCMR | CY1996 | 9610415C070209
He also notes that the applicants relief for cause evaluation was not preceded by written performance counseling and sufficient time elapsed to allow...[him]...to demonstrate improved performance as required by his organizations written policy. Soldiers whose continued service is not warranted receive a QMP bar to reenlistment. It is unreasonable to believe that the applicant, as counsel maintains, was totally unaware of the existence of the relief for cause NCOER until he received...
ARMY | BCMR | CY1996 | 9610422C070209
The applicant requests correction of an officer evaluation report (OER) for the period 1 October 1991 through 1 September 1992, by deleting Part VIIa (Senior Rater (SR) profile); removal from his records of the documents prepared by the Officer Special Review Board (OSRB) denying his appeal of the OER; and promotion reconsideration to the rank of lieutenant colonel (LTC) by all boards that nonselected him. A review of the subsequent OER received by the applicant from the same SR shows that...
ARMY | BCMR | CY1996 | 9610441C070209
That official stated that the applicant had a record of nonjudicial punishment under Article 15, UCMJ, on two occasions, and was convicted by a civil court on 7 May 1980. The board found that the applicant should be discharged based on the civil conviction and the exhibits presented by the recorder and the defense counsel. The board recommended that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14, and that he receive an Honorable Discharge Certificate.
ARMY | BCMR | CY1996 | 9610442C070209
APPLICANT REQUESTS: That his military record be corrected to show that he was awarded the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM). Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels by someone having witnessed or with knowledge of the act, achievement or service to be recognized. NOTE: The US Army...
ARMY | BCMR | CY1996 | 9610443C070209
The OSRB further indicated that the SR had rendered 18 ratings of colonels and restarted his profile twice. The Board also notes that the explanation by the OSRB indicating that the SR had given 18 ratings of colonels and that the applicant was the only officer who had received two two-block ratings of the five officers who had received two block ratings during the SRs two restarts, fails to mention the status (COM, below COM, etc.) Therefore, it would be appropriate to correct the...
ARMY | BCMR | CY1996 | 9610445C070209
The applicants enlistment contract and other legal documents shows his SSN as ... There is no evidence in the applicants record which indicates that his SSN is in error. The applicant has submitted neither probative evidence nor a convincing argument in support of the request.
ARMY | BCMR | CY1996 | 9610447C070209
In effect, the applicant requests that his record reflect that he was advanced to pay grade E-2 during his Army service. The applicant should have been advanced to pay grade E-2 on 16 July 1973, the date he completed 4 months of service. His pay grade upon reporting to basic training, in fact, is shown as E-2.
ARMY | BCMR | CY1996 | 9610456C070209
2005 provides that members of the armed forces who have been held as POWs are, in addition to the pay and other benefits to which they may be entitled, also entitled to certain additional benefits. 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 FSM, himself, never filed for these benefits during the 6 years between his release from captivity and...
ARMY | BCMR | CY1996 | 9610462C070209
On 27 September 1967, he was honorably separated, under Army Regulation 635-200, based on the expiration of his term of service. Army Regulation 600-8-22, Military Awards, indicates, in pertinent part, that the PH is awarded to soldiers who are wounded as a result of hostile action and are treated by a medical officer and that treatment is recorded in the official record. While there is evidence the applicant received a GSW to the right arm, there is no evidence indicating this was the...
ARMY | BCMR | CY1996 | 9610469C070209
The awards regulation also provides that subsequent to the cessation of hostilities during World War II, the regulation governing the award of the BSM was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945. The record shows that the applicant was a battle casualty and...
ARMY | BCMR | CY1996 | 9610471C070209
The applicant requests that his WD AGO Form 53-98, Military Record and Report of Separation, be corrected to reflect that he was separated as a captain instead of a first lieutenant. Upon his separation he was granted terminal leave of 2 months, 21 days and 1 day of travel time resulting in his release date of 20 February 1946. Accordingly, his WD AGO Form 53-98 should be corrected to show his grade as captain on his release from active duty.
ARMY | BCMR | CY1996 | 9610475C070209
EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army on 3 January 1961 for 3 years and was honorably discharged on 23 December 1963. The record reflects that upon his separation from active duty on 23 December 1963, he was transferred to the USAR to complete his military service obligation. There is no evidence in the record to support his contention that he served two tours in Vietnam, and thus, there is also no basis to change the separation date on...
ARMY | BCMR | CY1996 | 9610480C070209
The applicant requests that his DD Form 214, Certificate of Release or Discharge from Active Duty, for the period ending 8 December 1993, be corrected to show that he served in Somalia from 19 August to 1 December 1993; that his foreign service be corrected to show that he served 3 months and 13 days in Somalia; and that his Office of the Secretary of Defense Identification Badge be included in his awards and decorations. He also submits a copy of his 12 February 1991 authorization to wear...
ARMY | BCMR | CY1996 | 9610507AC070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board notes the applicants contentions; however, they are not supported by the evidence submitted with his application or the evidence of record. BOARD VOTE: ________ ________ ________ GRANT ________ ________ ________ GRANT FORMAL HEARING ___rwa__ ___elw __ ___js____ DENY APPLICATION Loren G. Harrell Director INDEX CASE ID AC96-10507 SUFFIX RECON DATE...
ARMY | BCMR | CY1996 | 9610535C070209
The applicant requests that his military records be corrected to show that he was enlisted in pay grade E-4 rather than pay grade E-3. The applicant's military records show he enlisted in the Regular Army for 3 years from the Oklahoma National Guard on 8 February 1996. Prior to his enlistment, he had been promoted to E-4 (promotion order 5-1, dated 11 October 1995).
ARMY | BCMR | CY1996 | 9610563C070209
The applicant requests that his records be corrected to show that (a) he qualified expert on the M14 and M16 rifle and .45 caliber pistol; (b) he is entitled to 1 battle star (sic); (c) he is entitled to award of the Purple Heart (PH); and, (d) he completed basic combat training (BCT) and advanced individual training (AIT). The evidence of record shows that he is entitled to have his record corrected to show his BCT and AIT completion. That all of the Department of the Army records related...
ARMY | BCMR | CY1996 | 9610572C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that his actual Military Occupational Specialty (MOS) was a medical specialist and not a dental specialist, and that he was awarded the Combat Medical Badge and the Soldiers Medal with V device. The applicants records contain no information to show that he was recommended for or awarded the Combat Medical Badge or the Soldiers Medal. He departed Vietnam on or about 14 November 1967 meaning...
ARMY | BCMR | CY1996 | 9610577C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His punishment for this offense was 7 days of restriction and 14 days of extra duty. The record also has a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) authenticated by the applicant which indicates the applicant received a UD, under the provisions of AR 635-212 for unfitness, after completing 2 years, 1 month, and 7 days of active...
ARMY | BCMR | CY1996 | 9610590C070209
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The applicant's record of disciplinary infractions began before he received his injury. The VA documentation he submits as evidence states he did not experience any problems until sometime in 1979, five years after his discharge.
ARMY | BCMR | CY1996 | 9610594C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: The applicant submits two applications. In the first one he requests that his discharge under other than honorable conditions (UOTHC) be upgraded to honorable and that the reason for separation be changed. EVIDENCE OF RECORD: The applicant's military records show: After having 3 years prior...
ARMY | BCMR | CY1996 | 9610601C070209
APPLICANT REQUESTS: In effect, the applicant requests that his records reflect that he was discharged in pay grade E-5. His pay grade at the time of his discharge was E-4. Chapter 3 of that regulation states, in effect, that in order for a soldier to be promoted to pay grade E-5, he must be identified as being eligible for promotion, recommended by his unit commander, appear before and be recommended by a promotion board.
ARMY | BCMR | CY1996 | 9610622C070209
Reimbursement was denied because the applicant had not complied with the provisions found in paragraph 7-4 of the Student Detachment Handbook, and paragraph 4-14.A of Army Regulation (AR) 351-3, Professional Education and Training Programs of the Army Medical Department which require students to submit claims for reimbursement in the same Fiscal Year in which they were incurred or not later than 30 days after completion of the training program, whichever occurs first. It states that the...
ARMY | BCMR | CY1996 | 9610628C070209
At the time of his enlistment, he had documentation showing that he had completed over 30 semester hours of college courses but not the required 60 hours to be enlisted as a PFC. In accordance with regulations in effect at the time, the applicant had completed the requisite number of college courses to be enlisted in the grade of PFC. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was enlisted in the...
ARMY | BCMR | CY1996 | 9610630C070209
The applicant requests correction of his military records by: terminating his incentive special pay (ISP) agreement for the period 1 October 1992 through 30 September 1993 effective 30 June 1993; and by initiating a new ISP agreement for the period 1 July 1993 through 30 June 1994. To be eligible for ISP a medical officer must sign an agreement to remain on active duty for at least 1 additional year. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1996 | 9610632C070209
APPLICANT REQUESTS: In effect, the applicant requests that block 25a, specialty number, on his DD Form 214 (Report of Transfer or Discharge) be changed from 140.00 (Field Artillery Basic) to 142.60 (Heavy and Very Heavy Field Artillery Crewman NCO). EVIDENCE OF RECORD: The applicant's military records show: The applicant entered the Army on 17 November 1960, completed training as a field artillery crewman, military occupational specialty (MOS) 140.00, and was assigned to a artillery...
ARMY | BCMR | CY1996 | 9610636C070209
The applicant requests in effect that the DA Form 5261-4-R, Student Loan Repayment Program Addendum, he completed be backdated to coincide with his 14 March 1993 reenlistment contract. The applicant states that he reenlisted to qualify for the Student Loan Repayment Program (SLRP) but, unbeknownst to him, he had not been given a SLRP addendum when he reenlisted. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY1996 | 9610658C070209
In effect, the applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) show his rank and pay grade as PV2 E-2, vice PV1 E-1. The applicant was advanced to pay grade E-2 on 3 December 1985 in accordance with the provisions of the regulation in effect at that time. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was advanced to pay grade E-2 on 3 December 1985,...
ARMY | BCMR | CY1996 | 9610667C070209
APPLICANT REQUESTS: Award of the Purple Heart Medal. EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted in the Army for three years on 2 September 1966. Notwithstanding the rating by the VA for a shrapnel wound to the right army, there is no evidence of record to indicate that the applicant was wounded because of hostile action, nor in fact, wounded at all.
ARMY | BCMR | CY1996 | 9610703C070209
In effect, the applicant requests that her military records be corrected to show that she was enlisted in the Army Reserve on 12 March 1996 in pay grade E-2 or higher. The applicant states she enlisted in the Regular Army from the delayed entry program on 22 April 1996, and during her initial processing for enlistment in the Army Reserve, she provided a diploma and certificate showing that she had 72 college credits, believing her enlisted grade would be E-2 or E-3. The applicant did not...
ARMY | BCMR | CY1996 | 9610705C070209
The applicant stated only joking[ly] did [he] participate in racial jokes and while he was not aware of making or using racial slurs other individuals {hed] been around have used.... On 1 August 1994 the applicant was removed from his duties in the OSD mess and an AR 15-6 investigation was initiated on 24 August 1994. The applicant rendered a statement on 30 August 1994 again denying that he had ever used the word nigger but indicating that the other soldiers may have used the word...
ARMY | BCMR | CY1996 | 9610707C070209
When he refused those MOSs, he was offered another MOS within the intelligence field, MOS 98C, Electronic Warfare Signal Intelligence Analyst, but was told that he had to waive his LRP enlistment option to be sent for that training. The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00 of the unpaid principal of eligible student loans for each year of active duty a soldier completes, whichever is greater. To be eligible for benefits under...
ARMY | BCMR | CY1996 | 9610712C070209
Army Regulation 635-5, Personnel Separations, then in effect, provided that in the preparation of the DD Form 214 all items on the form will be completed unless the information required to complete the item is not available, in which case the entry none or NA will be used. Army Regulation 600-8-22, Military Awards, provides that the National Defense Service Medal (NDSM) is awarded for honorable service for any period between 1 January 1961 and 14 August 1974. RECOMMENDATION: That all...
ARMY | BCMR | CY1996 | 9610714C070209
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. The board recommend that the applicant be discharged under the provisions of Army Regulation 615-360 on account of habits and traits of character which rendered his retention in the service undesirable, and disqualified in character for service, through his own misconduct. 56 (Discharge from the Army...
ARMY | BCMR | CY1996 | 9610726C070209
Paragraph 3-18j states, in effect, that the promotion packet of a soldier on the recommended list will be kept in the soldiers records and a copy in the promotions section until the soldier is promoted. The applicant met the cutoff score for promotion to pay grade E-5 on 1 July 1996. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to pay grade E-5 effective and with a date of rank of 1...
ARMY | BCMR | CY1996 | 9610766C070209
The applicant requests, in effect, that his records be corrected to show that he signed into his new unit of assignment (University of California (UCA) - Berkeley, Berkeley, CA) effective 1 July 1996, in order to be eligible for Variable Housing Allowance (VHA). On 10 April 1996, the applicant was ordered to a permanent change of assignment to Berkeley, CA, with a reporting date of 13 July 1996. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1996 | 9610769C070209
APPLICANT REQUESTS: In effect, the applicant requests that his military records be corrected to show that he was enlisted in the Regular Army on 2 February 1996 in pay grade E-3. EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted in the Army in pay grade E-1 on 2 February 1996. The applicant submitted a copy of two college transcripts with his request.
ARMY | BCMR | CY1996 | 9610781C070209
APPLICANT REQUESTS: That his records be corrected to show his entitlement to award of the Purple Heart (PH). On 15 October 1969, he was separated under AR 635-200, based on his expiration of service. There is no evidence that the applicant was wounded or treated for barbed wire wounds as a result of hostile action.
ARMY | BCMR | CY1996 | 9610785C070209
He states that the Army Decorations Board determined that the circumstances surrounding the award of the Soldiers Medal to him did not meet the requirements for entitlement to a 10 percent increase in retired pay. Citations from the city council, the district attorney and from the police officer involved indicate that the applicant put his own life at risk by involving himself in subduing the suspect and may have prevented the death of the police officer. Thus, the board denied the 10...
ARMY | BCMR | CY1996 | 9610803C070209
Army Regulation 601-280, paragraph 2-22, specifies that individuals in pay grade E-4 cannot have more than 8 years of total active service at their ETS, as established by a reenlistment. He had to be recommended for promotion by his commander. It appears that the applicant was able to control his attitude in the last year of his enlistment and finally became an effective soldier and nurse.
ARMY | BCMR | CY1996 | 9610823C070209
EVIDENCE OF RECORD: The applicant's military and medical records show: On 16 August 1965, the applicant was inducted into the Army of the United States. On 2 November 1994, almost 27 years after his separation from active duty, a VA Rating Decision awarded the applicant a service-connected disability rating of 100 percent, effective 23 February 1994, for glomerulonephritis with hypertension, requiring dialysis. The VA, however, is not required by law to determine medical unfitness for...
ARMY | BCMR | CY1996 | 9610831C070209
The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
ARMY | BCMR | CY1996 | 9610834aC070209
APPLICANT REQUESTS: That his record be corrected to show service on Eniwetok during the Korean Conflict. EVIDENCE OF RECORD: The applicant's military records show: On 8 September 1948, he enlisted in the Regular Army. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
ARMY | BCMR | CY1996 | 9610840aC070209
The applicant requests his records be corrected to show entitlement to the Bronze Star Medal (BSM) and provides a copy of the appropriate citation. On 9 July 1971, he was honorably separated under Army Regulation 635-200, based on being an overseas returnee without sufficient time remaining to be cost effective in reassigning to another military installation. The evidence of record indicates that the applicant is entitled to award of the BSM and his record should be corrected accordingly.