ARMY | BCMR | CY1996 | 9610846C070209
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 6 May 1998 DOCKET NUMBER: AC96-10846 I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. 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...
ARMY | BCMR | CY1996 | 9610853C070209
APPLICANT REQUESTS: That he be awarded the Bronze Star Medal (BSM) with V device and the Purple Heart. He includes with his request a copy of a June 1993 medical consultation as proof of his shrapnel wound. After examining the military records, no evidence was found that he was awarded the BSM or BSM with V device.
ARMY | BCMR | CY1996 | 9610857C070209
He stated that he did not think has son was physically or mentally capable to be in the Army because he was not able to hold a job as a civilian. Testimony from both his current and former commanding officers and first sergeants indicate that the applicant was in a specialized unit, that he had a retiring personality, was capable of limited duties, and he was assigned jobs such as cleaning the day room or kitchen duty, which he did well and conscientiously, but that he could not perform any...
ARMY | BCMR | CY1996 | 9610858C070209
She states that although she signed the USAFR enlistment contract on 16 December 1994, she was not allowed to participate in unit training with the USAFR unit until 11 February 1995. Her contention that she did not receive orders transferring her from the USAR to the USAFR until May 1995 is confirmed by the evidence she submitted. That all of the Department of the Army records related to this case be corrected by: a. issuing orders discharging the individual concerned from the USAR...
ARMY | BCMR | CY1996 | 9610860C070209
APPLICANT REQUESTS: In effect, the applicant requests that he be restored to the rank of staff sergeant, pay grade E-6, and retired in that grade. He appealed the punishment he received on both nonjudicial punishment actions, and was never informed of the results. EVIDENCE OF RECORD: The applicant's military records show: The applicant had prior active and inactive service in the Marine Corps, and service the Army National Guard and Reserve prior to his enlistment in the Army on 9 August 1977.
ARMY | BCMR | CY1996 | 9610893C070209
The applicant contends that at no time was he placed under arrest, told that he was being charged with anything, or given any written charges. That ROI shows that the applicant was titled (the subject of a CID investigation) with six other enlisted soldiers for their involvement with illegal drugs. The CID investigation is silent on the applicant being an informant in the case.
ARMY | BCMR | CY1996 | 9610906C070209
APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Army Commendation Medal (ARCOM), the Combat Infantryman Badge (CIB) and the Purple Heart. APPLICANT STATES: In effect, that he served with a special forces unit in Vietnam which was involved in combat operations during which he was wounded by shrapnel, but he has never received a CIB or a Purple Heart. There is no evidence in the available records to show that the applicant was awarded a CIB or that...
ARMY | BCMR | CY1996 | 9610912C070209
In effect, the applicant requests that item 7b (total inactive military service), be changed from 6 years, 1 month, and 3 days, to 9 years, on his DD Form 4/1, reenlistment document, of 23 January 1986. The applicant submits a copy of the aforementioned DD Form 4/1, a copy of an annual statement of retirement points, dated 3 August 1986, which shows that he had 12 years, 6 months, and 2 days of total service of total service. CONCLUSIONS: 1.
ARMY | BCMR | CY1996 | 9610934C070209
The applicant requests, in effect, that her oath of office dated 8 July 1983 be voided, that her pay entry basic date (PEBD) be corrected to reflect 6 September 1980, and that she be paid all retroactive pay and allowances from that date. She entered active duty on 5 October 1983 and her PEBD was established as the same date. Accordingly, the applicants records should be corrected to reflect her PEBD as 6 September 1980, the date of her original USAR appointment.
ARMY | BCMR | CY1996 | 9610937C070209
He was given a separation physical examination and determined medically qualified. Army Regulation 135-178, paragraph 12-1, requires the separation of reservists who are determined medically disqualified for retention who are not granted a waiver of the disqualification. Although the applicant continued to serve successfully in his USAR unit with his medical condition after his 1985 physical examination, it was discovered that he was not world-wide deployable when he was mobilized during...
ARMY | BCMR | CY1996 | 9610939C070209
APPLICANT REQUESTS: In effect, the applicant requests that his administrative reduction be set aside and he be restored to pay grade E-7, considered for promotion to pay grade E-8, and if selected, retired in that pay grade, and that all his recruiting awards that were erroneously revoked, be returned to him. The recorder indicated that the delay in the convening of the reduction board was directly related to the fact that the reduction board was directly tied into an elimination action,...
ARMY | BCMR | CY1996 | 9610952C070209
That specimen when tested by urinalysis resulted in the positive indication of cocaine in her system. The commandant indicated that the applicant had claimed that the positive urinalysis was the result of her taking prescription medication. While the applicants chain of command chose not to punish her for her illegal drug use, that in itself does not invalidate the results of the positive urinalysis.
ARMY | BCMR | CY1996 | 9610962C070209
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 24 August 1995, the...
ARMY | BCMR | CY1996 | 9610964C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant was inducted into the Army on 28 October 1952. The testimony of the board proceedings indicates that the applicant was not interested in doing his job, had a poor attitude, and was lax in his military duties. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY1996 | 9610968C070209
The DOR may precede the effective date of promotion to correct an administrative error. The effective date of his promotion should also be 30 May 1990. 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-7 with a date of rank and effective date of 30 May 1990.
ARMY | BCMR | CY1996 | 9610970C070209
Upon learning that the applicant was married on the date of retirement, but spousal concurrence with an election to decline was not provided, DFAS-CL properly enrolled the applicant in SBP with automatic full spouse coverage. On 17 November 1995, the applicant wrote DFAS-CL requesting immediate disenrollment, citing that he had not requested spouse coverage. The evidence of record shows that the applicant was married on the date of retirement and that even though he took specific actions...
ARMY | BCMR | CY1996 | 9610971C070209
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. He was discharged for fraudulent enlistment on 14 October 1976 with 5 months 3 days active duty service. 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 | 9610973C070209
On 14 April 1956 the applicants commander requested that he be discharged from the service for fraudulent entry under the provisions of Army Regulation 635-206. However, following another review on 25 November 1969 the ADRB decided to upgrade his undesirable discharge to a general discharge under honorable conditions. Since there is no basis to grant that portion of his request pertaining to his administrative separation, there is likewise no basis for changing his RE code.
ARMY | BCMR | CY1996 | 9610976C070209
On 25 September 1990, they divorced. The law stipulated that the retiree had to request the Defense Finance and Accounting Service to change the SBP participation from spouse to former spouse. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the applicant is enrolled in SBP for former spouse based on the full retired pay, retroactive to date of divorce with no lapses in the requirement to pay for protection rendered.
ARMY | BCMR | CY1996 | 9610983C070209
On 29 March 1989, she entered the Delayed Entry Program and on 30 March 1989 she enlisted as Joyce Ann Summers in the Regular Army for 6 years. On 10 April 1991, new separation orders were published authorizing her an overseas separation. NOTE: As the evidence of record indicates the applicant was separated from the service under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance with a general discharge, the Army Review Boards Agency, Support Division,...
ARMY | BCMR | CY1996 | 9610986C070209
He states that item 23 on his DD Form 214 was inadvertently left blank. The DD Form 214 he was issued has both item 23 and item 24, Character of Service, left blank. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that DD Form 214 of the individual concerned for the period ending 28 February 1994 have Retirement entered in item 23, Type of Separation; and b. by entering Honorable in his DD Form 214, item 24, Character of Service.
ARMY | BCMR | CY1996 | 9610989C070209
The authority for her separation is indicated as Army Regulation 635-200, chapter 18. The applicant was separated from the Army because of failure to meet body fat standards under the provisions of Army Regulation 635-200, chapter 18. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was released from active duty under the provisions of Army Regulation 635-200, chapter 18, and that the characterization...
ARMY | BCMR | CY1996 | 9610990C070209
He submits a 1994 x-ray and statement from a VA physician not previously seen by the Board supporting his entitlement to the Purple Heart. The medical advisor noted there is no evidence in the x-ray confirming the applicant ever sustained a shrapnel injury to the area. In view of the foregoing, there is no basis for granting the applicants request.
ARMY | BCMR | CY1996 | 9610996C070209
On 16 July 1993 the applicant received nonjudicial punishment under Article 15, UCMJ for signing an official record, his promotion packet, with intent to deceive, knowing that that record contained falsely completed promotion points; and for willfully and unlawfully altering a public record, eight certificates of correspondence courses. The applicants commanding officer recommended through command channels to the separation authority that the applicant be discharged and that he receive a...
ARMY | BCMR | CY1996 | 9610999C070209
Paragraph 2-7x of that regulation states that the related civilian occupation and DOT number will be entered in item 16b of the DD Form 214 and can be taken from the DOT or from Army Regulation 611-201. The applicants related civilian occupation and DOT number should be Detective, 375.267-010, based on her completion of a military police investigations course. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the related...
ARMY | BCMR | CY1996 | 9611000C070209
Any one of the following periods of continuous enlisted active Federal military service qualifies for award of the Good Conduct Medal, in conjunction with the criteria contained in paragraph 3-5: For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below. That all of the Department of the Army records...
ARMY | BCMR | CY1996 | 9611195C070209
EVIDENCE OF RECORD: The applicant's military and medical records show: On 18 March 1994, he enlisted in the Regular Army. On 9 December 1996, the Army Discharge Review Board found his discharge to be proper and equitable and denied his request for upgrade. In pertinent part, it provides that personnel not medically qualified under procurement medical fitness standards when accepted for enlistment, or who become medically disqualified under these standards prior to entry on active duty or...
ARMY | BCMR | CY1996 | 9611198C070209
APPLICANT REQUESTS: That his record be corrected to show that he was honorably discharged. EVIDENCE OF RECORD: The applicant's military records show: On 6 November 1989, he enlisted in the Regular Army. A general discharge was normally appropriate for a member who was discharged for patterns of misconduct.
ARMY | BCMR | CY1996 | 9611201C070209
The applicants unit commander initiated action to administratively separate the applicant under the provisions of paragraph 5-13, Army Regulation 635-200 for personality disorder. He did not submit any statements and on 10 November 1988 the separation action was approved. In 1996 the Army Discharge Review Board unanimously denied his request to change the reason for his administrative separation.
ARMY | BCMR | CY1996 | 9611206C070209
APPLICANT REQUESTS: That, in effect, her uncharacterized discharge be upgraded to honorable. 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. There is no basis for upgrade of the characterization of service in the applicants record.
ARMY | BCMR | CY1996 | 9611208C070209
She was counseled on 16 July for her unsatisfactory duty performance. On 30 July 1991 the applicants commanding officer initiated action to separate the applicant for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13. The service of soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.
ARMY | BCMR | CY1996 | 9611209C070209
On 9 March 1983, he enlisted into the Regular Army for 4 years. On 15 May 1990, the appropriate authority approved the applicants request, reduced him to the lowest enlisted grade and directed the issuance of a discharge UOTHC. On 31 May 1990, 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 | 9611210C070209
Subsequent to the Board receiving the applicants request, he submitted a memorandum from the Second Region, Cadet Command, which certifies that the applicant had submitted a request for waiver of his RE-3B code. The applicant had submitted a request for a waiver and that request was denied. However, it must be assumed that he had submitted the same documentation he has submitted to the Board when he requested a waiver to enroll in the ROTC.
ARMY | BCMR | CY1996 | 9611220C070209
In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the Army Retirement Services (ARS) which advised that the applicant was properly counseled on the SBP and that his wifes concurrance was not necessary since he elected full coverage. The evidence of record shows that the applicant elected SBP participation. Their was no requirement for the applicants wife to be present when he made his SBP election nor was their any requirement for her to concur...
ARMY | BCMR | CY1996 | 9611226C070209
The order to not consume alcohol was a legal order. Additionally, the applicant waived his right to address the validity of the order by requesting a discharge in lieu of courts-martial. In view of the foregoing findings and conclusions, it would correct an error to amend the applicants records as recommended below.
ARMY | BCMR | CY1996 | 9611229C070209
APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army on 2 August 1988 and received a general discharge on 4 March 1993 under the provisions of Army Regulation 635-200, chapter 14, for minor disciplinary infractions. There is no evidence in the record nor has the applicant provided any evidence to indicate that his discharge was improper.
ARMY | BCMR | CY1996 | 9611230C070209
The commander also recommended that rehabilitative efforts be waived and the applicant be immediately discharged with an honorable discharge. Separation from the service for failure to achieve a passing score on the APFT may properly be the basis for describing a separation as unsatisfactory performance in accordance with Army Regulation 635-200, chapter 13. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the individual...
ARMY | BCMR | CY1996 | 9611233C070209
He was entitled to award of the Army Commendation Medal with one oak leaf cluster, the Army Achievement Medal, the NDSM, and the Army Service Ribbon. Army Regulation 600-8-22, Military Awards, indicates, in pertinent part, that: a. the SWASM is awarded for service in Southwest Asia after 2 August 1990 to a date to be determined and b. the KLM is awarded for participation in Operation Desert Storm between 17 January and 28 February 1991, in Saudi Arabia. RECOMMENDATION: That all of the...
ARMY | BCMR | CY1996 | 9611234C070209
The applicant requests that the award of the Army Commendation Medal be shown on his DD Form 214. He states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show that he was awarded this medal. 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 Army Commendation Medal and that this award be depicted on his DD Form 214.
ARMY | BCMR | CY1996 | 9611235C070209
On 18 December 1996 the Army Discharge Review Board denied the applicants request to upgrade his discharge. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. There is no evidence of record to substantiate the applicant's claim that military authorities were aware of his alleged personal problems.
ARMY | BCMR | CY1996 | 9611236C070209
In his memorandum concerning this action, that official indicated that the applicant had approached him (his commanding officer) on 17 November 1993, on the day of his physical training test, stated he was having marital problems and wanted to know if he could be barred from reenlisting so that he (the applicant) could request discharge. The applicants commanding officer then recommended to the separation authority that the applicant be separated for unsatisfactory performance, citing his...
ARMY | BCMR | CY1996 | 9611238C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant served on active duty for two years, was separated from that duty in 1956, served in the Army Reserve Reinforcement Control Group for six years, and enlisted in the Army National Guard in 1974, where he served continuously until his discharge in 1991. On 14 February 1991 the applicant was released from active duty not by reason of physical disability at Fort Lewis, Washington, and assigned to the Utah Army National...
ARMY | BCMR | CY1996 | 9611239C070209
He failed to report for sentencing on 23 February 1981. On 24 June 1988 the appropriate authority approved the applicants request for discharge and directed he receive a discharge UOTHC. On 23 December 1996 the Army Discharge Review Board denied the applicants request to upgrade his discharge.
ARMY | BCMR | CY1996 | 9611242C070209
EVIDENCE OF RECORD: The applicant's military and medical records show: During the period 4 May 1967-28 April 1969, he served in the Army of the United States for 1 year, 11 months and 23 days. On 8 September 1980, the appropriate separation authority approved his discharge and directed his reduction to the lowest pay grade and that he receive a discharge UOTHC. At the time of the applicants separation, the regulation provided for the issuance of a UOTHC discharge.
ARMY | BCMR | CY1996 | 9611243C070209
APPLICANT REQUESTS: That his record be corrected to show he was honorably discharged and that the authority and reason be changed, specifically, item 25 (Separation authority); 26 (separation code); 27 (reentry code); and, 28 (narrative reason for separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 April 1991. In support of his allegations, the applicant furnished copies of military documents which mostly reflect his service prior to the period in...
ARMY | BCMR | CY1996 | 9611973C070209
As a result, he was declared a rehabilitative failure and subsequently discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 9, as a drug abuse rehabilitative failure on 8 June 1983. On 10 March 1989 the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge, a change in the narrative reason for separation, and compensation for time lost. The ADRB further determined that after removal of the positive urinalyses...