ARMY | BCMR | CY1996 | 9605663C070209
APPLICANT STATES: He was awarded an Army Commendation Medal with V device instead of a Bronze Star Medal based on an incomplete award recommendation. One statement credits the applicant with killing or wounding more enemy soldiers than what was inferred in his Army Commendation Medal citation and indicates the applicant and his commander had a heated discussion about the mission prior to his being evacuated. The citation contained in the Army Commendation Medal award order would not...
ARMY | BCMR | CY1996 | 9605663aC070209
He states he was awarded an Army Commendation Medal with V device instead of a Bronze Star Medal based on an incomplete award recommendation. One statement credits the applicant with killing or wounding more enemy soldiers than what was inferred in his Army Commendation Medal citation and indicates the applicant and his commander had a heated discussion about the mission prior to his being evacuated. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1996 | 9605682C070209
However, although he reenlisted, the commander never recommended him for the appointment. A review of the applicants records maintained by the Department of Veterans Affairs (DVA) show that the applicant, while attempting to obtain service connected disability from the DVA for Post-traumatic Stress Disorder (PTSD) in 1990, claimed that he had been promised by his commander in Korea that he would be recommended for promotion to warrant officer if he reenlisted. Failure to file within 3...
ARMY | BCMR | CY1996 | 9605686C070209
EVIDENCE OF RECORD: The applicant's military personnel and medical records show: She enlisted in the Regular Army on 24 July 1980 and entered into basic combat training. On 22 October 1980 the applicant was considered for separation by an Entrance Physical Standards Board (EPSBD). The EPSBD determined that the applicant had medical conditions which existed prior to her entry on active duty which were medically disqualifying under the enlistment medical fitness standards, but were not...
ARMY | BCMR | CY1996 | 9605689C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant entered the Army on 23 September 1981 and served on continuous active duty until his discharge in 1993. The applicant did not have any medically unfitting disability which required physical disability processing. Consequently, due to the two concepts involved, the applicant's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or...
ARMY | BCMR | CY1996 | 9605690C070209
It states, in pertinent part, that the Congress has provided compensation for soldiers who were unable to use their leave because of military requirements, in that it authorizes the payment of no more than 60 days of accrued leave during a military career. Soldiers may not carry over more than 60 days of accrued leave in their leave account at the end of a fiscal year without an approved exception to policy. The applicants contention that he should be granted additional service credit for...
ARMY | BCMR | CY1996 | 9605692aC070209
Army Regulation 15-185, Army Board For Correction Of Military Records, indicates, in pertinent part, that A claimant, his/her heir, or legal representative must file the application for correction of a record within 3 years after discovery of the alleged error or injustice. Army Regulation 600-200, Personnel Separations - Enlisted Personnel, indicates, in pertinent part, that (1) Retirement will be in the regular or reserve grade the soldier holds on the date of retirement; (2) Retired...
ARMY | BCMR | CY1996 | 9605695C070209
APPLICANT REQUESTS: In effect, the applicant requests that his bad conduct discharge be upgraded to honorable or general. 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 | 9605700C070209
He continues by stating that he was promoted to the pay grade of E-7 before he retired and therefore should have retired in that grade. The applicant, while serving as a recruiter in the pay grade of E-6, submitted a request for early retirement (15-year retirement) on 9 August 1994 under the fiscal year 1995 VERP. The applicant applied for early retirement under the VERP approximately 5 months before he was promoted and his request was approved by the Department for retirement in the pay...
ARMY | BCMR | CY1996 | 9605708C070209
APPLICANT REQUESTS: That his nonselection for promotion to lieutenant colonel (LTC), USAR, be reconsidered. The reasons for his nonselection by the second promotion board, are like all promotion boards results, not divulged. It cannot be determined, however, whether he would have been promoted to LTC had this evidence been known by the promotion board, since specific reasons for nonselection may not be revealed.
ARMY | BCMR | CY1996 | 9605716C070209
APPLICANT REQUESTS: That his military record be corrected to reflect separation under the Early Retirement Program versus separation with the Special Separation Bonus (SSB). The evidence of record shows that the applicant, who was not facing any involuntary separation action, elected to participate in a voluntary early transition program which paid him more than $57,000 in separation pay. Had he not voluntarily participated in the SSB program and remained on active duty he would not have...
ARMY | BCMR | CY1996 | 9605718C070209
That message stated that the window for category 3 personnel would be open from 16 May through 31 August 1994. The applicants contention that the Army filled its quota of soldiers with the applicants grade and MOS who would receive SSB prior to the scheduled expiration date of the window of consideration is supported by the evidence of record. It is noted that the PERSCOM received the applicants request for voluntary early release over a month after the closing date for his category of...
ARMY | BCMR | CY1996 | 9605732C070209
APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart. APPLICANT STATES: That his injuries were not accidental but were sustained as a result of the enemy shelling the column he was in causing two trucks to collide resulting in his injuries. While the evidence of record shows that the applicant sustained an injury in Korea during the Korean War, it does not show that the injury was a result of hostile action.
ARMY | BCMR | CY1996 | 9605740C070209
His service medical records indicate he was seen by medical personnel in May 1988 for hypertension. While there is no evidence in available records that the applicant completed a separation physical examination they do contain a statement that his medical records had been reviewed and a determination made that a medical examination for separation was not required. 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 | 9605741C070209
APPLICANT STATES: That he was forced to retire due to his selection by the 1992 Selective Early Retirement Board (SERB) and was never informed as to why he was selected. Therefore, the applicants contentions are speculative at best and are not supported by the evidence submitted with his application or the evidence of record. However, this Board does not wish to act as a super-selection board by second-guessing selection boards which were afforded the benefit of comparing the applicants...
ARMY | BCMR | CY1996 | 9605745C070209
APPLICANT REQUESTS: That his military records be corrected to reflect that he was awarded the Combat Medical Badge (CMB) and the Bronze Star Medal (BSM). EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Notwithstanding that he was awarded the Purple Heart, there are too many variables, too much time has transpired and the available documentation too scarce for the Board to grant the awards the applicant requests.
ARMY | BCMR | CY1996 | 9605758C070209
The applicant requests, in effect, authorization to receive incentive payment for a Do-it-yourself (DITY) move he made on 17 February 1995 prior to receiving authorization (orders) in conjunction with his expiration of term of service (ETS) on 27 April 1995. His chain of command verified that it was permissible to make the move without orders, as long as he kept his receipts and provided them with a memorandum authorizing him to outprocess and clear Fort Bragg without orders. He also...
ARMY | BCMR | CY1996 | 9605763C070209
APPLICANT REQUESTS: That the time he served in the Indiana National Guard (sic) be considered creditable service for retired pay. In support of his application he submits copies of Indiana State laws and regulations pertaining to its State militia, one of which, General Orders Number 4, dated 10 March 1941, specifies that The Indiana State Guard shall be additional to an distinct from the National Guard. EVIDENCE OF RECORD: The applicant's military records could not be located. ...
ARMY | BCMR | CY1996 | 9605765C070209
On 5 December 1994 the applicant stated that he understood that he was not required to undergo a medical examination for separation, however he could request one. The applicant did not have any medically unfitting disability which required physical disability processing. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated.
ARMY | BCMR | CY1996 | 9605770C070209
The applicant requests that the 355 days he served on active duty while in the Regular Army be considered qualifying for retired pay. The applicant states that he arrived back in the United States from Germany and was released from active duty 10 days prior to the expiration of his term of service (ETS). It would be inherently unjust not to count 355 days of continuous active duty as qualifying for retired pay when the soldier had no choice in the separation and it was for and at the...
ARMY | BCMR | CY1996 | 9605776C070209
All of the examining physicians recommended that he be administratively separated from the service due to those conditions. On 4 December 1967 he was notified by his commander that he was recommending him for discharge due to unsuitability and of his rights in conjunction with that recommendation. When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individuals entire record.
ARMY | BCMR | CY1996 | 9605782C070209
APPLICANT REQUESTS: That his records be corrected to show entitlement to award of the Bronze Star Medal (BSM). EVIDENCE OF RECORD: The applicant's military records show: On 30 December 1965, he enlisted in the Regular Army. On 31 December 1996, the Commander, Total Army Personnel Command provided an opinion (COPY ATTACHED) which indicated that there is no documentation to show that he had ever been recommended for or awarded the BSM; the letter of support was very vague and did not provide...
ARMY | BCMR | CY1996 | 9605788C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds received in Korea and Vietnam. He did not receive a Purple Heart for either of these injuries. The applicants medical records fail to show that he was wounded in action in 1953 or 1965.
ARMY | BCMR | CY1996 | 9605794C070209
He states that he lost his discharge certificate and would like a replacement. 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. On 7 October 1977 the applicants commanding officer initiated action to discharge the applicant from the Army under the provisions of Army Regulation 635-200, chapter 5 (Expeditious Discharge Program).
ARMY | BCMR | CY1996 | 9605796C070209
APPLICANT STATES: In effect, that he believes that his record is in error or unjust because the Veterans Administration (VA) awarded him 30 percent service connected disability. On 16 October 1992, the PEB found the applicant physically unfit for duty and recommended a disability rating of 10 percent and separation with severance pay. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and...
ARMY | BCMR | CY1996 | 9605798C070209
A statement of medical condition signed by the applicant on 13 November 1969 indicates that he had no change in his medical condition since his last medical examination. A 20 June 1996 VA medical report indicates that the applicant probably had cirrhosis, chronic obstructive pulmonary disease, probably has peptic ulcer disease, and probably has some alcoholic gastritis. 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 | 9605799C070209
The applicant requests correction of the military records of her late ex-husband, the former service member (FSM) to show that he changed his SBP (Survivor Benefit Plan) election from spouse and children to former spouse subsequent to his divorce. This request had to made within 1 year from the date of the divorce. In the processing of this case, a staff advisory opinion was obtained from the SBP Board which recommended the applicants SBP election be changed from spouse and child to...
ARMY | BCMR | CY1996 | 9605801C070209
The applicant requests remission or cancellation of indebtedness incurred when his retired pay was erroneously based on the rank of major rather than the rank of captain. Since the applicant had never served on active duty as a major, placing him on the retired list in that rank was erroneous. Since the highest grade the applicant held on active duty was captain, he should have been placed on the retired list with that rank.
ARMY | BCMR | CY1996 | 9605810C070209
He states that he completed all the forms that the officer which was processing his reenlistment directed him to complete. If he had reenlisted prior to being awarded the bonus MOS, he would not have been eligible for a bonus. Since the applicant was obviously intending to reenlist for a bonus and his MOS was eligible for a bonus when he reenlisted, the Board accepts that errors and omissions associated with his reenlistment processing resulted in his disqualification for his bonus.
ARMY | BCMR | CY1996 | 9605812C070209
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 U.S. Court of Appeals, observing that applicants to the Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (AR 15-185, paragraph 8), effectively shortens that filing period, has determined that the 3 year limit on filing to...
ARMY | BCMR | CY1996 | 9605816C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. The MEBD recommended that the applicant be separated from service under chapter 5, Army Regulation 635-40. 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.
ARMY | BCMR | CY1996 | 9605818C070209
APPLICANT REQUESTS: That his dishonorable discharge (DD) be upgraded to an honorable discharge. EVIDENCE OF RECORD: The applicant's military records show: That he enlisted in the Regular Army on 12 September 1940 and was dishonorably discharged pursuant to conviction by a general court-martial (GCM) on 8 December 1945. The applicant based his not guilty plea on the fact that he attempted to obtain permission to visit his mother who was ill but it was denied, he did not know that his unit...
ARMY | BCMR | CY1996 | 9605819C070209
He received a BCD on 23 October 1974 as the result of a conviction by 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 prescribed by law.
ARMY | BCMR | CY1996 | 9605820C070209
APPLICANT STATES: That his BCD was unfair because his family problems, drug and alcohol abuse, his age and his otherwise good record in the Army were not taken into account. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army at age 17 for 3 years on 29 December 1976 and was discharged with a BCD on 29 May 1979 pursuant to the sentence of a special court-martial. The Army Discharge Review Board denied his request for upgrade of his discharge on 24...
ARMY | BCMR | CY1996 | 9605833C070209
APPLICANT REQUESTS: That her military records be corrected to reflect that she was awarded the Marksman Badge for the M-16 rifle. Her record shows that she failed to qualify with the M-16 rifle on 15 June 1994. There is no evidence in her military records to show that she successfully completed the rifle qualification course and was awarded the Marksman Badge with rifle bar.
ARMY | BCMR | CY1996 | 9605850C070209
He requested reconsideration in 1987 and was denied based upon insufficient evidence of error or injustice and his failure to provide new evidence. 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. Medical authorities at Brooke General Hospital determined that the applicant had an inadequate personality and recommended his discharge under applicable...
ARMY | BCMR | CY1996 | 9605853C070209
APPLICANT REQUESTS: That his records be corrected to show that his discharge was for a physical disability. On 15 July 1976, a physical examination indicated that he was not qualified for separation and that further tests were ordered. Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.
ARMY | BCMR | CY1996 | 9605859C070209
At that time the other CID agent drew his service pistol and struck the applicant several times on the back of his head. On 27 March 1979 the Army Discharge Review Board denied a request from the applicant to upgrade his discharge. The applicant received a complete and unconditional separation on 12 February 1966 for his honorable service covering almost 2 years.
ARMY | BCMR | CY1996 | 9605876C070209
APPLICANT REQUESTS: In effect, the applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and pay grade as SSG (Staff Sergeant) E-6, vice SGT (Sergeant) E-5, that his date of rank (DOR) show 1 October 1989 [his DOR as SSG], and that the military education portion of his DD Form 214 show that he received training in telecommunications center operations and as a tactical communications systems operation/mechanic. The...
ARMY | BCMR | CY1996 | 9605879C070209
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. The evidence of record indicate the applicant was wounded on 9 June 1951 as a result of hostile action while in Korea although there is no indication he was ever awarded the Purple Heart. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds...
ARMY | BCMR | CY1996 | 9605885C070209
The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in Vietnam. In support of his request he provides copies of medical records reflecting his treatment for an injury sustained during an enemy attack on his unit and statements from his unit commander at the time and three other former members of the unit. The evidence of record shows that the applicant was injured during an enemy attack on his unit resulting in bilateral...
ARMY | BCMR | CY1996 | 9605898C070209
In effect, the applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his rank as SSG (Staff Sergeant), his pay grade as E-6, and his secondary specialty as 94Z50, Food Service Supervisor, and his related civilian occupation, Food Service Supervisor. The applicants DD Form 214 should be changed to show his rank as SSG, his pay grade as E-6, his primary specialty 94B40, and his secondary specialty, 94Z50. In view of the foregoing findings and...
ARMY | BCMR | CY1996 | 9605902C070209
The applicant requests that his DD Form 214, Certificate of Release or Discharge, be corrected to reflect that he was awarded the Army Commendation Medal (ARCOM) and credited with participation in Operations Desert Shield/Storm. His military records show that he was awarded the ARCOM for providing food service in Saudi Arabia during the period 21 August 1990 through 5 March 1991. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing...
ARMY | BCMR | CY1996 | 9605910C070209
Possible mild chronic low back strain. The preponderance of evidence shows that the applicant was wounded as a result of hostile fire and treated by medical authorities, as shown on his physical examination. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was wounded, by hostile action, on 18 November 1968 and is entitled to award of the PH.
ARMY | BCMR | CY1996 | 9605911C070209
APPLICANT STATES: That she was told by the educational counselor on post that if she accepted a separation due to parenthood that she would receive 1 month of educational benefits for every month she served on active duty. That request was approved and the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 13 December 1993 by reason of parenthood. The applicant had requested separation due to parenthood, that request was...
ARMY | BCMR | CY1996 | 9605912C070209
However, neither his DD Form 214, nor his DA Form 20 reflect award of Purple Heart, Bronze Star Medal or Air Medal. The Purple Heart, Bronze Star Medal and Air Medal are not reflected on any of the separation documents resulting from his 1973 discharge. The evidence confirms the applicant was awarded the Aircraft Crewmember Badge as a result of his service in Vietnam.
ARMY | BCMR | CY1996 | 9605913C070209
APPLICANT STATES: Through counsel, in effect, that she was never qualified to be a soldier and should not have been enlisted in the first place; that she did not intentionally issue checks with insufficient funds in her account to cover those checks; that absent without leave (AWOL) charges against her were trumped up. EVIDENCE OF RECORD: The applicant's military records show: She was born on 29 March 1970 and enlisted in the Regular Army for 5 years on 2 October 1989. The pre-trial...
ARMY | BCMR | CY1996 | 9605914C070209
APPLICANT REQUESTS: That his records be corrected to show that his discharge was under honorable conditions. On 15 November 1967, he was convicted by SPCM for AWOL for the period 4 May-27 October 1967. On 6 December 1967, the appropriate separation authority directed his discharge because of unfitness and that he be furnished a Undesirable Discharge (UD) Certificate.
ARMY | BCMR | CY1996 | 9605929aC070209
The applicant requests correction of an officer evaluation report (OER) for the period 18 June 1991 through 17 June 1992, by deleting the senior rater (SR) profile in part VIIa, removal from his records of the document prepared by the Officer Special Review Board (OSRB) denying his appeal of the OER, and promotion reconsideration to the rank of lieutenant colonel (LTC) beginning in 1993. The supportive statement submitted by the applicant's former commanding general indicates that the...
ARMY | BCMR | CY1996 | 9605934C070209
The applicant requests that his initial contract obligation as an aviation warrant officer be corrected to reflect 5 years instead of 6 years as it currently states. In the final phase of his WOFT program in August 1992, he was informed that the active duty obligation would be 6 years and he was coerced into signing DA Form 160, Application for Active Duty, obligating him to 6 years. In conjunction with his 3 year enlistment, he signed DA Form 3286-65, Statement for Enlistment--United...