ARMY | BCMR | CY1996 | 9606507C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of the Purple Heart. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. The time for the applicant to file a request for correction of any error or injustice expired on 5 April 1971.
ARMY | BCMR | CY1996 | 9606508C070209
APPLICANT REQUESTS: Correction of her records to show that she separated from the service under the Voluntary Early Retirement Program (VERP) instead of the Special Separation Benefit (SSB) option of the Voluntary Separation Incentive Program (VSIP). APPLICANT STATES: That she separated from the service under the VSIP on 1 August 1992, and believes that it was unjust for Department policy makers who knew that Congress had approved the VERP, to continue to allow soldiers with over 15 years...
ARMY | BCMR | CY1996 | 9606509C070209
APPLICANT REQUESTS: In effect, the applicant requests that his undesirable discharge be upgraded to honorable. 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 12 March 1972 the applicants commanding officer recommended to the separation authority that the applicant be discharged and that he receive an Undesirable Discharge Certificate.
ARMY | BCMR | CY1996 | 9606528C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant has served in the Army as an enlisted soldier and in the Army Reserve as a second lieutenant. On 28 February 1984 the applicants commanding officer recommended that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 7-17, due to fraudulent entry because of failure to disclose all prior service (discharged under other than honorable conditions on 31 December 1982). Paragraph 2-25 of...
ARMY | BCMR | CY1996 | 9606536C070209
APPLICANT STATES: His left wrist conditions was improperly rated at only 10 percent when it should have been rated at 20 percent under VA Schedule for Rating Disabilities (VASRD) Code 5214. The board rated his left wrist condition at 20 percent in accordance with VASRD Codes 5215 and 5003 and recommended that he be separated with disability severance pay. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record,...
ARMY | BCMR | CY1996 | 9606632C070209
The applicant requests that his DD Form 214, Report of Separation, be corrected to reflect that he completed the US Air Force (USAF) Airplane and Mechanic Liaison Course and that he is authorized a second campaign star on his Korean Service Medal (KSM). Block 31 of the DD Form 214 (service training courses successfully completed) reflects the entry none. His DD Form 214 (item 30) already reflects that he completed the USAF A & E Mechanic Liaison Course and his records show that he...
ARMY | BCMR | CY1996 | 9606635C070209
He indicates he did not see [any] other solution but to accept the SBP. Subsequent to his retirement, and after further researching the SBP, he and his spouse have decided it would be to their benefit to cancel the SBP as there is no way that [his] spouse would be able to survive on the benefits provided by the SBP. EVIDENCE OF RECORD: The applicant's military records show: He served an initial period of active duty with the Marine Corps between 1966 and 1969. His request was approved...
ARMY | BCMR | CY1996 | 9606641C070209
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 18 July 1972 the Army Discharge Review Board (ADRB) denied the applicants request for upgrade of his discharge. On 21 July 1977 the ADRB upgraded the applicants discharge to general under the provisions of the Discharge Review Program (Special).
ARMY | BCMR | CY1996 | 9606642C070209
His commander told him that the only way out of this hardship situation was to accept a general discharge. 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 | 9606645C070209
The psychiatrist recommended that the applicant be discharged from service for unfitness. On 10 September 1968, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-212, by reason of unfitness with a discharge UOTHC. On 18 September 1968, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-212, for unfitness with a discharge UOTHC.
ARMY | BCMR | CY1996 | 9606649C070209
The Board determined that the applicant was unfit for further military service, recommended that he be discharged from the Army because of unfitness, and be furnished an Undesirable Discharge Certificate. The discharge proceedings were conducted in accordance with law and regulations applicable at that time. In view of the foregoing findings and conclusions and in recognition of his previous years of good service, it would be appropriate and proper to consider his honorable discharge on 29...
ARMY | BCMR | CY1996 | 9606684C070209
The PEB recommend that he be placed on the TDRL with a 30 percent disability rating. Continuation on the TDRL was precluded since the applicant had completed less than 20 years service and had a combined disability rating of less than 30 percent. The PEB recommended that he be separated from the Army with severance pay and placed on the PDRL based on a 10 percent disability rating.
ARMY | BCMR | CY1996 | 9606698C070209
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 time for the former service member or his/her representative to file a request for correction of any error or injustice expired on 4 August 1972. The spouse of the former service member has not presented and the records do not contain sufficient justification to conclude that it would be in the...
ARMY | BCMR | CY1996 | 9606716C070209
On 7 March 1944 his commanding officer recommended that the former soldier be discharged. He stated that he always had an uncontrollable temper and if anyone said anything cross to him, he would strike him. It appears that the intent of Army Regulation 635-209 was to change the policy for separating soldiers with undesirable habits and traits of character, recognizing that these unsuitable habits included chronic alcoholism, and soldiers separated for unsuitability should receive a general...
ARMY | BCMR | CY1996 | 9606733C070209
The applicant requests correction of his military records by canceling his SBP (Survivor Benefit Plan) participation. Public Law 95-397, effective 1 October 1978, extended eligibility for coverage under the SBP to members and former members of the Reserve Components (RC) who had 20 or more years of qualifying service, but had not reached age 60, the age at which they would be eligible for retired pay. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1996 | 9606738C070209
The record does not show that he was wounded as a result of enemy action. While the applicants records do not show that he was wounded while in the service, the affidavits in support of his request establish that he was wounded as a result of enemy action. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was wounded as a result of enemy action in Germany in March 1945.
ARMY | BCMR | CY1996 | 9606742C070209
The applicant requested that item 25 (Education and Training Completed) should be corrected to show that he completed the WORWAC in 1969 instead of 1970. He completed 9 months and 5 days of net active service. In consideration of the foregoing, it would be appropriate to correct the records but only as recommended below.
ARMY | BCMR | CY1996 | 9606774C070209
APPLICANT REQUESTS: That his discharge be upgraded to an honorable discharge. On 24 June 1975, court-martial charges were preferred against the applicant for being AWOL from 6 to 22 June 1975 and for breaking restriction. On 18 July 1975, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC.
ARMY | BCMR | CY1996 | 9606780C070209
APPLICANT REQUESTS: That his record be corrected to reflect that he was awarded the Purple Heart for wounds received in World War II. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Based upon the available information, there is no evidence to show that the injuries he sustained were the result of hostile action or would otherwise qualify him for award of the Purple Heart.
ARMY | BCMR | CY1996 | 9606783C070209
On 10 October 1974, court-martial charges were preferred against the applicant for being AWOL from 31 July to 7 October 1974. On 25 November 1974, 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. 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 | 9606784C070209
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge. On the same day, 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. DETERMINATION: The subject application was not submitted within the time required.
ARMY | BCMR | CY1996 | 9606785C070209
He state that due to the events at hand, no man would be able to adjust to military service. He notes a review of his records will show that individuals with rank, should not be allowed to have such impact on a young soldiers life. 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...
ARMY | BCMR | CY1996 | 9606787C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect the following awards: the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Vietnam Campaign Ribbon (VCR), the Bronze Star Medal (BSM) with 1st oak leaf cluster and V device, the Air Medal (AM), the Army Commendation Medal (ARCOM) with 1st oak leaf cluster and a correction to show that he served in Vietnam for 18 months. The ARPERCEN has administratively corrected...
ARMY | BCMR | CY1996 | 9606788C070209
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge or better. When the VA discovered that the applicant had received an undesirable discharge, that he had fraudulently altered his DD Form 214, it severed service connection for his disability and stopped his educational benefits, retroactive to the dates both those benefits were granted. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for...
ARMY | BCMR | CY1996 | 9606799C070209
APPLICANT REQUESTS: That his records be corrected to show entitlement to the award of the Bronze Star Medal with first oak leaf and the Air Medal. EVIDENCE OF RECORD: The applicant's military records show: He was born on 27 January 1948. He was awarded the Army Commendation Medal (1st oak leaf cluster), the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
ARMY | BCMR | CY1996 | 9606802C070209
APPLICANT REQUESTS: In effect, correction of his military records to show on his DD Form 214 (Report of Separation from Active Duty) that the date he entered active duty was 5 August 1973 instead of 28 June 1974. On 9 August 1974, the applicant was advised of the proposed honorable discharge from the Army under Department of the Army message, dated 1 August 1973, Subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days, and of his rights. Failure to file within 3 years...
ARMY | BCMR | CY1996 | 9606803C070209
On 9 December 1971, the applicant was notified that the commander was recommending a discharge under the provisions of Army Regulation 635-206 for fraudulent entry, and that the applicant be required to appear before a board of officers for the purpose of determining whether he should be discharged before the expiration term of his service. On 8 February 1972, the applicant was discharged in pay grade E-1 under the provisions of Army Regulation 635-206 for fraudulent entry with a discharge...
ARMY | BCMR | CY1996 | 9606808C070209
He was medically retired as a result of injuries he suffered in the explosion. While the evidence of record shows that the applicant was a casualty as the result of shrapnel wounds, it does not specifically show that the wounds were the direct result of enemy action. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained on 9 March 1968 as a result of hostile...
ARMY | BCMR | CY1996 | 9606810C070209
He further stated that he believed a discharge would be best for himself, his family and the Army On 26 September 1975 the appropriate authority approved the applicants request for discharge and directed the issuance of an Undesirable Discharge Certificate. The applicant has provided no evidence and the records contain none that support his request to upgrade his discharge. Finally, he had the option of resubmitting another compassionate reassignment request, which he chose to disregard,...
ARMY | BCMR | CY1996 | 9606812C070209
The formal PEB concluded that the applicants left shoulder condition prevents reasonable performance of duties required by grade and military specialty and rated his condition at 20 percent under VASRD Code 5201. They noted that the applicants shoulder condition was properly rated and that although the applicant established that he probably had a herniated disc at L5-S1 before separation that fact was considered and did not change any PEB findings or recommendations. The PDA concluded...
ARMY | BCMR | CY1996 | 9606815C070209
APPLICANT STATES: That at the time he requested separation under the Voluntary Separation Incentive (VSI) option of the Voluntary Separation Incentive Program (VSIP), he also requested a waiver of recoupment of any funds he still owed (in lieu of completing his active duty service obligation (ADSO)) for having participated in an ACS program. He specified in his request that he did not desire to separate from the service if his request for the VSI was not approved. Although, the applicants...
ARMY | BCMR | CY1996 | 9606824C070209
He recommended that the applicant be separated from the Army under the provisions of Army Regulation 635-209 for unsuitability. On 22 July 1963 the applicants commanding officer recommended that the applicant be discharged with an undesirable type discharge under the provisions of Army Regulation 635-208 for unfitness. He stated that he was recommending discharge under Army Regulation 635-208 for unfitness instead of Army Regulation 635-209 for unsuitability as recommended by the...
ARMY | BCMR | CY1996 | 9606833C070209
The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. On 29 July 1992, the applicant was honorably discharged in pay grade E-5 under the provisions of Army Regulation 635-200, chapter 4, (Expiration term of service). Although this reentry code RE-3 does not qualified him for continued Army service this reentry code is waivable.
ARMY | BCMR | CY1996 | 9606843C070209
On 1 November 1956, the sentence was approved, but the execution of that portion adjudging a DD was suspended until his release from confinement or until completion of the appellate review, whichever was the later date. 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 | 9606850C070209
APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB) for combat service in Panama and Iraq. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to Army infantry or special forces officers in the grade of colonel or below, or to Army enlisted soldiers or warrant officers with an infantry or special forces military occupational specialty who, subsequent to 6 December 1941, satisfactorily performed duty while assigned or...
ARMY | BCMR | CY1996 | 9606851C070209
APPLICANT REQUESTS: That he be retroactively promoted to major, USAR, and that his transfer to the USAR Control Group (Retired) be corrected to having his name placed on the Permanent Disability Retired List (PDRL), rated disabled. In addition, he was medically unfit at the time of his separation as a result of injuries he suffered on his civilian job, and should have been medically retired due to those disabilities. On 13 February 1985 he accepted a commission as a captain, USAR, assigned...
ARMY | BCMR | CY1996 | 9606855C070209
The applicant requests that his DD Form 214, Report of Transfer or Discharge, be corrected to show that he completed a foreign service tour in Vietnam and was awarded the appropriate service awards for that tour. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973. ...
ARMY | BCMR | CY1996 | 9606856C070209
Instead, he was discharged from the Reserve on 11 May 1993. On 29 April 1994 an official of the Army Reserve Command informed the applicant that that command received a request for the applicants discharge from the applicants Reserve unit on 10 May 1993, and that after receiving verification from the Army Reserve Personnel Center at St. Louis that the applicant had 20 qualifying years for retirement purposes, an official at the Army Reserve Command contacted the applicant for a decision...
ARMY | BCMR | CY1996 | 9606862C070209
On 8 September 1978, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of service with a discharge UOTHC. On 3 June 1980, the Army Discharge Review Board denied the applicants request for an upgrade of his discharge. 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...
ARMY | BCMR | CY1996 | 9606864C070209
His significant awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross Unit Citation, the Vietnam Civil Action Unit Citation, the Expert Badge with automatic rifle bar and the Marksman Badge with rifle bar. Similarly, the records do not show that he was ever recommended for award of the Good Conduct Medal by his unit commander. The time for the applicant to file a request for correction of any error or injustice...
ARMY | BCMR | CY1996 | 9606882C070209
On 19 December 1966 the applicants commanding officer recommended that the applicant be eliminated from the Army under the provisions of Army Regulation 635-212 because of his lack of appropriate interest and his inability to adjust to military life. That official stated that elimination for unfitness is not considered appropriate. A certificate by the applicants former commander indicates that the applicant had been transferred to a hospital unit for rehabilitative reasons, that it was...
ARMY | BCMR | CY1996 | 9606887C070209
Accordingly, on 14 November 1995 a formal PEB was convened and recommended that the applicant be rated 50 percent disabled. Therefore, the PDA recommended the applicants rating be increased from 50 to 70 percent disabled. That all of the Department of the Army records related to this case be corrected by showing that the name of the individual concerned was placed on the PDRL, rated 70 percent disabled, effective 10 January 1996.
ARMY | BCMR | CY1996 | 9606889C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received in Vietnam. Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action. While the evidence of record shows that the applicant sustained an injury while in Vietnam, it does not show that the injury was the result of hostile enemy action.
ARMY | BCMR | CY1996 | 9606920C070209
APPLICANT REQUESTS: In effect, the applicant requests that the 22 May 1979 nonjudicial punishment administered under Article 15, UCMJ, be expunged from his records, and that he receive standby advisory board consideration for promotion to pay grades E-5 through E-7. An enlisted evaluation report signed by the applicant on 3 May 1982 shows his pay grade as E-5, however, with a date of rank of 1 May 1981. On 7 July 1995 the applicant requested that the DA Suitability Evaluation Board (DASEB)...
ARMY | BCMR | CY1996 | 9606924C070209
EVIDENCE OF RECORD: The applicant's military records show: On 16 July 1993, the applicant, a Regular Army Senior Noncommissioned Officer, requested and received advance payment for travel to be performed in conjunction with his reassignment to Europe. On 13 October 1993, finance records show that the applicant was paid for the travel performed without consideration of the prior advance payment, thus causing an overpayment. In reviewing the evidence presented, it cannot be determined...
ARMY | BCMR | CY1996 | 9606928C070209
The applicant requests that his records be corrected to show that he enlisted for the Army College Fund (ACF). The applicants military records show he enlisted in the DEP on 15 June 1990. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned enlisted in the Regular Army on 6 November 1990 with the ACF enlistment option, as an exception to policy.
ARMY | BCMR | CY1996 | 9606929C070209
On 6 April 1992 the Calendar Year 1992 Sergeant Major Promotion Selection Board determined that a bar to reenlistment should be imposed against the applicant under the Qualitative Management Program (QMP) based on his AER (DA Form 1059) indicating his failure to complete the Sergeants Major Academy. Promotion boards will select the best qualified soldiers in specified MOS's for promotion. Therefore, the applicants contentions are speculative at best and are not supported by the evidence...
ARMY | BCMR | CY1996 | 9606930C070209
The applicants DD Form 214 for the period ending on 26 April 1993 shows that his date of birth was 18 March 1974; that he entered on active duty on 15 October 1992; that he was separated on 26 April 1993; that he had 6 months and 12 days net active service during that period; that he had completed 30 years (sic), 6 months, and 27 days prior inactive service; and that he was released from active duty training under Army Regulation 635-200, chapter 4, by reason of expiration of term of...
ARMY | BCMR | CY1996 | 9606933C070209
The applicant requests that the record of a 1987 nonjudicial punishment imposed under Article 15, UCMJ be expunged from his Official Military Personnel Record (OMPF), both his performance and restricted fiche. Therefore, removal of the nonjudicial punishment from his restricted fiche of his official file is not warranted. In consideration of the foregoing findings and conclusions it would be appropriate to correct the applicants records as recommended below.
ARMY | BCMR | CY1996 | 9606937C070209
APPLICANT STATES: In effect, that she departed the Washington, D.C. area for Birmingham, Alabama, on 4 May 1995 due to the death of her father; that she was instructed by a member of the Compassionate Reassignment Branch, U.S. Total Army Personnel Command (PERSCOM), to sign into the recruiting command there; that she was attached on orders; that she asked the member of the Compassionate Reassignment Branch if she should move her family members at that time; that she was told that she...