ARMY | BCMR | CY1996 | 9606945C070209
The applicant requests correction of his military records by removing one of the orders that awarded him the Army Good Conduct Medal (3d Award) and by removing three documents of a reenlistment contract pertaining to another soldier. On 5 June 1986, the U.S. Army Enlisted Records and Evaluation Center (USAEREC) recommended to the Board that the applicants records be corrected by rescinding Permanent Orders 58-117 and, if directed for filing in the OMPF, that all documents pertaining to...
ARMY | BCMR | CY1996 | 9606948C070209
The applicant requests correction of his military records by amending his 6 June 1995 reenlistment contract to show that he reenlisted with entitlement to a selective reenlistment bonus (SRB) of 1A. The applicant states that at the time of his reenlistment on 6 June 1995, he was informed that he was not entitled to receive an SRB. Accordingly, it would be equitable and just to correct the applicants records to show that he was authorized to receive the SRB-1A in MOS 74G that was in effect...
ARMY | BCMR | CY1996 | 9606951aC070209
On 14 March 1997, the Office of The Surgeon General provided an advisory opinion which indicated the applicant was eligible for the ISP and recommended approval of the applicants request, provided he had not previously received it. Based on the evidence of record, the conclusions and recommendation of the original proceedings should be voided. RECOMMENDATION: 1.
ARMY | BCMR | CY1996 | 9606953C070209
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 2 October 1992, he enlisted in the Regular Army in St. Louis. The time for the applicant to file a request for correction of any error or injustice expired on 2 October 1995.
ARMY | BCMR | CY1996 | 9606956C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 8.0 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606957C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 9 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606958C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 2 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606959C070209
Soldiers prevented from using leave through the end of the Fiscal Year because of deployment may qualify for special leave accrual. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 9.5 days of leave as authorized special leave if Departmental personnel had timely...
ARMY | BCMR | CY1996 | 9606960C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 11 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606961C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 10 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606962C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 5 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606963C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 2 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606964C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 10.5 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606965C070209
Approval of his request was recommended. Paragraph 3-3 provides, in effect, that the Commander, PERSCOM, is the approval authority for requests for special leave accrual for soldiers who are prevented from using leave through the end of the Fiscal Year because of deployment. The applicant could have carried over 12.5 days of leave as authorized special leave if Departmental personnel had timely submitted the request and the request had been approved by the PERSCOM.
ARMY | BCMR | CY1996 | 9606969C070209
APPLICANT REQUESTS: That he be paid either an enlistment or reenlistment bonus for his 7 January 1988 enlistment. In the processing of this case, an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) which opined that enlistment bonuses are not paid to prior service personnel and that there were no reenlistment bonuses authorized for the applicants MOS at the time the applicant enlisted. The applicant was considered a prior service enlistee at the time he...
ARMY | BCMR | CY1996 | 9606977C070209
The CG, in a letter of reprimand dated 23 June 1995, informed the applicant that a CGSC Misconduct Board found that he had cheated on a take home exam; that his and his fellow students answers were substantially the same, to include identical spelling and syntax errors; and that during all opportunities to do so, he failed to explain these similarities as anything other than coincidence. He indicated that he was withdrawing the Acting Deputy Commandants proposed letter of reprimand...
ARMY | BCMR | CY1996 | 9606982C070209
There is no evidence in the available records to show that the applicant was ever authorized or ever received any bonus entitlements. In the absence of evidence to show he received an RRB, and in light of the fact that he was eligible to receive the RRB, the applicant should be paid the RRB for his 4-year reenlistment on 28 April 1976 and any subsequent reenlistments until such time as RRB entitlements are exhausted. RECOMMENDATION: That all of the Department of the Army records related to...
ARMY | BCMR | CY1996 | 9606984C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the Army Good Conduct Medal (AGCM) and the Expert Badge with rifle bar. The applicants record reflects that the Commander, US Army Reserve Personnel Center (ARPERCEN) corrected his record on 22 April 1996 to reflect that he was awarded the AGCM. There is no evidence in the record and the applicant has provided no evidence to indicate that he ever fired or was awarded the...
ARMY | BCMR | CY1996 | 9606986C070209
Neither the applicants DD Form 214 nor the available military record reflect that he was wounded as a result of hostile action while in Korea. Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal 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...
ARMY | BCMR | CY1996 | 9606987C070209
The applicant requests correction of his military records by including the Purple Heart and the Army Commendation Medal on his DD Form 214, Report of Transfer or Discharge. While there are no medical records to substantiate his wounds, his enlisted qualification record and morning report entries made at the time indicate that his wounds were the result of enemy action and that he was evacuated to an Army hospital for treatment. RECOMMENDATION: That all of the Department of the Army records...
ARMY | BCMR | CY1996 | 9606989C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 19 April 1982 the applicants unit commander in consultation with ADAPCP personnel declared the applicant an ADAPCP rehabilitation failure. He further outlined the applicants history of alcohol related problems and his failure to satisfy the requirements for successful rehabilitation, as his reasons for taking the action.
ARMY | BCMR | CY1996 | 9606996C070209
APPLICANT STATES: In effect, that consideration should be given to the fact that he served 5 years of military service; that he served in Vietnam for 2 1/2 years and that he received the Bronze Star Medal and many other awards. Between 18 July and 3 November 1972, the applicant accepted four NJPs, under Article 15, UCMJ, for two specifications of leaving his appointed place of duty without proper authority, for being AWOL from 31 October to 3 November 1972, for disobeying a lawful order...
ARMY | BCMR | CY1996 | 9607003C070209
Army Regulation 601-280, paragraph 2-22, specifies that individuals in pay grade E-3 are ineligible to reenlist unless they enlisted for 2 years and are reenlisting with less than 24 months of active duty. The applicant was separated in pay grade E-3, had more than 24 months of active duty, and was serving on a 4-year enlistment. However, an RE-3C is assigned solely on pay grade and years of service.
ARMY | BCMR | CY1996 | 9607007C070209
EVIDENCE OF RECORD: The applicant's military records show: He was recommended for award of the ARCOM for service by his detachment commander on 22 June 1994. Therefore, the award recommended was for an ARCOM rather than an MSM. Obviously, the award never processed to that level because it was only an ARCOM recommendation (ARCOM approval authority is vested in commanders in the grade of colonel or above).
ARMY | BCMR | CY1996 | 9607016C070209
APPLICANT REQUESTS: That he be reinstated on active duty in the Active Guard and Reserve (AGR) program. That failure to uniformly apply standards was also evident in the fact that the selection board reported that it voted a second time on minority selection because the selection boards first vote did not result in the selection of a sufficient number of minorities to fulfill the quota imposed on it by the Department. Army Regulation 135-18, paragraph 4-11, provides for the convening of...
ARMY | BCMR | CY1996 | 9607026C070209
APPLICANT REQUESTS: That his discharge under conditions other than honorable be changed to a general discharge. The applicant was discharged on 13 June 1972. 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 the ABCMR should commence on the...
ARMY | BCMR | CY1996 | 9607029C070209
Mr. Loren G. Harrell Director Mr. Joseph A. Adriance Analyst The following members, a quorum, were present: Ms. Irene N. Wheelwright Chairperson Mr. Raymond V. OConnor Jr. The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 13 March 1974 the applicant was tried by special court-martial for two charges with a total of three specifications.
ARMY | BCMR | CY1996 | 9607030C070209
The applicant requests correction of his military records to reflect award of the Purple Heart. The evidence confirms the applicant was awarded the Purple Heart, an Air Medal, an Army Commendation Medal for meritorious achievement and two Army Commendation Medals with V devices. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was awarded the Purple Heart for wounds sustained as a result of...
ARMY | BCMR | CY1996 | 9607036AC070209
On 29 June 1976 the Army Discharge Review Board (ADRB, in a unanimous decision, denied the applicants request to change the character of the discharge. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable 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 Boards exhaustion requirement (AR 15-185, paragraph 8), effectively...
ARMY | BCMR | CY1996 | 9607036C070209
The separation authority waived any further rehabilitative efforts, approved the recommendation and directed that a General discharge Certificate be issued. On 4 October 1995 the applicant was separated under the provisions of Army regulation 635-200, chapter 14. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
ARMY | BCMR | CY1996 | 9607039C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Vietnam Campaign Medal (VCM), the Sharpshooter Badge with rifle bar, the Army Commendation Medal (ARCOM), the Good Conduct Medal, the Presidential Unit Citation, the Purple Heart and 2 Overseas Service Bars. DISCUSSION: Considering all the evidence, allegations, and information presented by the...
ARMY | BCMR | CY1996 | 9607053C070209
APPLICANT REQUESTS: That her nonselection for promotion to captain be reconsidered. EVIDENCE OF RECORD: The applicant's military records show: She was considered but not selected for promotion to captain by the 1993 Department of the Army Reserve Component Selection Board. The available evidence indicates that her nonselection for promotion was not based on missing documents at the time her file was reviewed by the 1993 captain selection board.
ARMY | BCMR | CY1996 | 9607063C070209
The applicant requests that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show his pay grade as E-4 and to show that he contributed to the Post-Vietnam Era Veterans Educational Assistance Program (VEAP). His military records show that he enlisted with no prior service in pay grade E-1 on 21 February 1989. Bill (MGIB), as outlined in title 38, United States Code, chapter 30, section 3011, provides for soldiers who entered the service after 30 June...
ARMY | BCMR | CY1996 | 9607067C070209
The applicant requests that his DD Form 214, Report of Transfer or Discharge, be corrected to show his foreign service time and the additional awards he earned with the 25th Infantry. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Republic of Vietnam Campaign Medal, a foreign award, was awarded to individuals who served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive. Since he was awarded the Vietnam Campaign Medal, the...
ARMY | BCMR | CY1996 | 9607070C070209
He was sentenced to confinement at hard labor for 1 year, a forfeiture of all pay and allowances and to be dishonorably discharged from the Army. 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. EVIDENCE OF RECORD: The applicant's military records show: There is no evidence that the applicant applied to the Army Discharge...
ARMY | BCMR | CY1996 | 9607075C070209
During the period 15 June to 22 July 1994, a 100 percent inventory of the applicants property was conducted pursuant to a change of primary hand receipt holders. The first of the surveys (ROS 02-94) recommended that the applicant not be held financially liable because of serious faults in maintaining property records, and various inaccuracies caused by the trading of inoperable items for new equipment without updating accountable records. The USALIA advisory opinion recommends granting...
ARMY | BCMR | CY1996 | 9607076C070209
APPLICANT REQUESTS: That all documents related to his proposed involuntary separation be removed from his records. Documents that the applicant desires to have expunged from his record include the notification of involuntary separation action, the commands request that he be transferred to the retired reserve in lieu of separation (prepared in response to his request), a statement that he executed on 6 October 1989 indicating that he had never been restricted or suspended from flight duty...
ARMY | BCMR | CY1996 | 9607078C070209
EVIDENCE OF RECORD: The applicant's military records show: He was considered but not selected for promotion to LTC by the 1994 Department of the Army Reserve Component Selection Board. The available evidence indicates that his nonselection for promotion was not based on missing documents at the time his file was reviewed by the LTC promotion board in 1994. In view of the foregoing, there appears to be no basis for granting the applicants request.
ARMY | BCMR | CY1996 | 9607082C070209
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. EVIDENCE OF RECORD: The applicant's military records show: The applicant was 18 years old when he enlisted on 19 January 1968.
ARMY | BCMR | CY1996 | 9607088C070209
Army Regulation 635-40, the regulation which governs PEBs, paragraph 4-19b, states that a PEB may decide that a soldiers physical defect was EPTS, but must then determine whether the condition was aggravated by military service. Title 10, U.S. Code, chapter 61, Retirement or Separation for Physical Disability, provides for the medical retirement and for the discharge for physical unfitness, with severance pay, of soldiers who incur a physical disability in the line of duty while serving...
ARMY | BCMR | CY1996 | 9607095C070209
The applicant requests that his separation document (WD AGO Form 53-55) be corrected to show that he was awarded the European-African-Middle Eastern Campaign Medal with 2 campaign stars, the Purple Heart, the World War II Victory Medal, and the Combat Infantryman Badge or the Bronze Star Medal. There is, however, no evidence to indicate that he was recommended for the Combat Infantryman Badge, the Bronze Star Medal or the Purple Heart. The evidence of record substantiates that the...
ARMY | BCMR | CY1996 | 9607098C070209
(He also requests that he be awarded the Army Commendation Medal with V device. There is no evidence in the available records to show that the applicant received wounds that were the result of hostile action with the enemy. In the opinion of the Board, the applicants hearing loss was incidental to his duties and does not satisfy the prerequisites for award of the Purple Heart.
ARMY | BCMR | CY1996 | 9607136C070209
APPLICANT REQUESTS: In effect, the applicant requests she receive benefits based on her deceased husbands (a former serviceman) retirement from the Army. 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. The FSM did not complete 20 years of active Federal service, was not eligible for retirement nor entitled to any retirement...
ARMY | BCMR | CY1996 | 9607137C070209
The applicant requests award of the Purple Heart. He was released from active duty on 27 November 1953 and although item 29 (wounds) on his DD Form 214 notes his 23 April 1951 wound, the Purple Heart is not reflected as an authorized award. 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 sustained as a result of hostile action on 23 April 1951 while in Korea.
ARMY | BCMR | CY1996 | 9607153C070209
He states, in effect, that he was wounded in Vietnam in November 1971, but the Purple Heart was not reflected on his DD Form 214. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. While the medical records do not make clear that his wounds were the result of hostile action, collateral documentation shows that he was, at the time of his evacuation, a squad leader with an infantry unit involved in...
ARMY | BCMR | CY1996 | 9607155C070209
APPLICANT REQUESTS: That he be retired in the pay grade of 0-5 instead of 0-4. APPLICANT STATES: That he was serving as an Active/Guard Reserve (AGR) officer when he was selected for promotion to the pay grade of 0-5. EVIDENCE OF RECORD: The applicant's military records show: The applicant, while serving as an AGR officer on active duty in the pay grade of O-4, was selected for promotion to the pay grade of 0-5 with an effective date of promotion of 6 September 1989.
ARMY | BCMR | CY1996 | 9607174C070209
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. 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...
ARMY | BCMR | CY1996 | 9607185C070209
APPLICANT REQUESTS: The applicant requests In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded. On 15 July 1971, 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. 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 | 9607196C070209
The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in World War II. The applicants medical records reflect that on 26 October 1944, near Rheems, France, he was wounded in the right thigh from penetrating fragments when he stepped on an antipersonnel mine. 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 Purple Heart...
ARMY | BCMR | CY1996 | 9607206C070209
APPLICANT REQUESTS: In effect, that his general discharge (GD) under honorable conditions be upgraded to honorable. The applicant was notified by his commanding officer (CO) of his intent to separate him, under the provisions of paragraph 14-12c, AR 635-200 for misconduct, commission of a serious offense. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded: 1.