ARMY | BCMR | CY1996 | 9607207C070209
APPLICANT REQUESTS: In effect, the applicant requests that his discharge be upgraded to honorable. SPD Code KFS pertains to a soldier separated under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. 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...
ARMY | BCMR | CY1996 | 9607217C070209
In support of the Purple Heart request, he provides a statement from a former medical aidman who was involved in the treatment of his injuries at the time. While there is no evidence in his record to show that he was awarded a Purple Heart, the witness statement provided by a former medical aidman who assisted in his treatment, seems to authenticate his contention that he was wounded in action and is entitled to the Purple Heart. RECOMMENDATION: That all of the Department of the Army...
ARMY | BCMR | CY1996 | 9607218C070209
APPLICANT REQUESTS: In effect, that his records be corrected to show that he was not nonselected twice for promotion to Lieutenant Colonel (LTC). APPLICANT STATES: That his promotion to Major was on 6 September 1989 not 2 September 1987 therefore, his promotion packet should not have gone to the LTC board until 1995. On 6 September 1989, he was selected for promotion by the 1989 Major Reserve Promotion Board and promoted with a date of rank of 22 December 1987, based on 12 years...
ARMY | BCMR | CY1996 | 9607230C070209
The applicant pointed out to the battalion commander that the project was not in compliance with legal requirements and further pointed out that it was illegal to assign her to it as a full-time project officer [implied was the notion that she could continue to serve as the XO while doing Operation Santa Claus part-time]. The applicant appealed the contested OER to the Officer Special Review Board (OSRB). As a result of her IGAR on 6 August 1992, a DoDIG investigation was conducted which...
ARMY | BCMR | CY1996 | 9607234C070209
At that time he completed a DA Form 3286-67, Statement of Understanding (Army Policy), in which item 5 states I have enlisted for the following Educational Incentive Programs (initial under the appropriate column for each program). That form then has yes and no areas for the enlistee to initial if the MGIB, the Army College Fund (ACF), or the Student Loan Repayment Program (SLRP) are chosen in conjunction with the enlistment. The applicants enlistment contract shows that he had a...
ARMY | BCMR | CY1996 | 9607238C070209
The applicant requests, in effect, that his records be corrected to reflect that he was promoted to the pay grade of E-5 effective 1 August 1995 to coincide with his date of rank (DOR) of 1 August 1995 and that he be paid all back pay and allowances from that date. On 8 March 1996 orders were published which promoted the applicant to the pay grade of E-5 effective 8 March 1996, with a DOR of 1 August 1995. However, the applicants effective date of 8 March 1996, the date the orders were...
ARMY | BCMR | CY1996 | 9607245C070209
The applicant requests correction of his military records by amending his 29 December 1995 reenlistment contract to show that he reenlisted with entitlement to a selective reenlistment bonus (SRB) of 2B. The applicant states that at the time of his reenlistment on 29 December 1995, he was informed that he was not entitled to receive an SRB because he was not assigned to an authorized linguist L position. RECOMMENDATION: That all of the Department of the Army records related to this case...
ARMY | BCMR | CY1996 | 9607246C070209
She obtained joint legal custody and the Army paid her BAQ at the with dependent rate from the date of her enlistment. At Fort Sam Houston, finance personnel informed her that she was entitled to BAQ at the with dependent rate provided she could prove sole, or joint, custody of her child. Army finance personnel made a mistake in paying the applicant BAQ with dependents; they should have paid her the with dependent differential, not the entire amount.
ARMY | BCMR | CY1996 | 9607248C070209
The applicant requests that she receive back pay for advancement to pay grade E-4 effective from 1 December 1993. Accordingly, her DOR should be adjusted to that date and she should receive all back pay and allowances effective as of that date. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was advanced to pay grade E-4 effective 1 December 1993 with a same DOR; and b. by showing that she is...
ARMY | BCMR | CY1996 | 9607250C070209
The applicant requests correction of his military records by amending his 8 February 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 8 February 1995, he was informed that he was not entitled to receive an SRB because he was not assigned to an airborne P position. The PERSCOM indicated that the applicant reenlisted for assignment to Fort Bragg and was...
ARMY | BCMR | CY1996 | 9607251C070209
The applicant requests correction of the effective date of his promotion to the pay grade of E-2 to reflect 30 May 1995 with entitlement to all back pay and allowances from that date. The applicable regulation cited in the applicants orders contains a provision that allowed the commander to effect a change to the applicants effective date of promotion and would have allowed him to be paid back pay. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1996 | 9607252C070209
The applicant requests that his reenlistment contract (DD Form 4-1) dated 13 December 1993 be corrected to show that he was entitled to receive a Selective Reenlistment Bonus (SRB). Accordingly, it would be equitable and just to correct the applicants records to show that he was authorized to receive the SRB-1A that was in effect at the time he reenlisted on 13 December 1993. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by amending the...
ARMY | BCMR | CY1996 | 9607255C070209
The applicant requests correction of her military records by amending her 30 June 1994 reenlistment contract to show that she reenlisted with entitlement to a selective reenlistment bonus (SRB) of 1A. The applicant states that at the time of her reenlistment on 30 June 1994, she was informed that she was not entitled to receive an SRB. Accordingly, it would be equitable and just to correct the applicants records to show that she was authorized to receive the SRB-1A that was in effect at...
ARMY | BCMR | CY1996 | 9607265C070209
The applicant requests correction of his military records to show that he was eligible for incentive special pay (ISP) for the period July 1994 through October 1995. To be eligible for ISP a medical officer must sign an agreement to remain on active duty for at least 1 additional year. In consideration of the foregoing findings and conclusions, it would be appropriate to correct the records as recommended by the OTSG.
ARMY | BCMR | CY1996 | 9607286C070209
The applicant requests that his Officer Evaluation Report (OER) for the period 900929-910302 be expunged from his Official Military Personnel File (OMPF) and that he be given immediate reconsideration for promotion to the rank of colonel. The applicant next submitted a request to this Board on 9 May 1996 asking for expungement of the contested OER and citing the DAIG and DoD IG reports in support thereof. Agreeing with the DAIG investigation results, the OSRB, on 12 July 1996, took...
ARMY | BCMR | CY1996 | 9607302C070209
Therefore, the assignment of an RE code of RE-3A was appropriate. He was informed at the time he signed the DCSS that he would be assigned an RE code of RE-3A. There is no evidence that the applicant attempted to comply with his service remaining requirement during the 87 days he was retained on active duty.
ARMY | BCMR | CY1996 | 9607511C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In effect, physical disability retirement or separation. APPLICANT STATES: That (the Army) failed to include all of his limitations, therefore there is no evidence that he was cured in the service. The applicant had no disabling medical condition at the time of his separation from the Army.
ARMY | BCMR | CY1996 | 9607515C070209
The applicant was assigned to Fort Dix for basic training. A 25 January 1971 report of medical examination indicates that the applicant was medically qualified for discharge with a physical profile of 1 1 1 1 1 1. When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.
ARMY | BCMR | CY1996 | 9607522C070209
His request was denied based on his failure to complete 50 percent of the C&GSC prior to the convening of the second promotion board. While promotion consideration is mandatory, selection for promotion is contingent on an officer meeting promotion eligibility requirements and whether he or she has satisfactorily participated in Reserve training. The PERSCOM continues that the applicants contentions concerning his not being notified of his failure to be promoted on his first consideration...
ARMY | BCMR | CY1996 | 9607539C070209
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 25 February 1998 DOCKET NUMBER: AC96-07539 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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, the actions by this Board does not preclude the applicant from applying to the ADRB at a later date.
ARMY | BCMR | CY1996 | 9607542C070209
While the applicant maintains he was recommended for award of the Silver Star in January 1945, less than 12 months after the May 1944 action, the time limit to submit an award recommendation was within two years of the event. RECOMMENDATION: 1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to award of the Meritorious Unit Commendation awarded to the 313th Engineer Combat Battalion for the period 1...
ARMY | BCMR | CY1996 | 9607551C070209
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. 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.
ARMY | BCMR | CY1996 | 9607553C070209
APPLICANT REQUESTS: That his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that he had not received complete dental care prior to his separation from active duty. The applicants military dental records show that on 1 July 1993 the applicant failed to report for a periodontal evaluation. The OTSG stated that since the last record of the applicant receiving dental care was on 19 January 1991, and since he was not released from active duty until 29...
ARMY | BCMR | CY1996 | 9607554C070209
Prior to beginning AOB, the applicant experienced marriage problems with his wife in Texas. On 27 August 1992, the applicant received a letter from his wife that resulted in him crying in his company commander's office and the commander calling the clinic to ask for a 28 August appointment for the applicant. Orders were issued by the ARNG on 5 March 1993 to discharge the applicant effective 21 February 1993 prior to the approval of the board recommendations and the 2 July 1993 AER formally...
ARMY | BCMR | CY1996 | 9607567C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD). The applicants request was made only after he had been advised, by his appointed military counsel, of the basis for the contemplated trial by court-martial; the maximum...
ARMY | BCMR | CY1996 | 9607571C070209
APPLICANT REQUESTS: In effect, the applicant requests that his bad conduct discharge be upgraded, and that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty), for his first period of service in the Army. He states he should have received a discharge when he extended. On 14 May 1986 the applicant again extended his enlistment, this time for one year, causing his new separation date (ETS) to be 14 June 1987, 4 years and 3 months from his initial enlistment date.
ARMY | BCMR | CY1996 | 9607575C070209
On 21 April 1987 the applicants commanding officer initiated action to eliminate the applicant from the Army for homosexuality under the provisions of Army Regulation 635-200, chapter 15. He informed the applicant that he could have his case considered by a board of officers only if he had completed six years of service or if his discharge would be under other than honorable conditions. The applicants commanding officer stated that the reason for his action was that the applicant had...
ARMY | BCMR | CY1996 | 9607581C070209
The PEB recommended he be separated without benefits, since his condition was found to be EPTS. The evidence in this case does not support his contention that there was an error or injustice in his disability rating by the PEB. The medical evidence of record supports the determination that the applicants unfitting condition was properly diagnosed and not rated due to being EPTS and not service aggravated at the time of his discharge.
ARMY | BCMR | CY1996 | 9607583C070209
Public Law 97-35, effective 13 August 1981, provided for an open enrollment season (1 October 1981 through 30 September 1982), which permitted members, eligible for retired pay, to elect to participate in the SBP during an open enrollment season. However, if the service member died within 2 years following an election made during this open season, the election became void. The evidence of record shows that the FSM retired on 31 January 1965 and elected SBP coverage for spouse during the...
ARMY | BCMR | CY1996 | 9607586C070209
The applicant requests removal from her Official Military Personnel File (OMPF) of a memorandum dated 1 February 1991 issued by the Total Army Personnel Command (PERSCOM), notifying her of her nonselection for promotion to captain. The applicant states, in effect, that the memorandum was issued prematurely, in that she was not eligible for consideration for promotion at the time. Consequently, this Board corrected her record and she was properly considered and selected for promotion at the...
ARMY | BCMR | CY1996 | 9607593C070209
CONCLUSIONS: 1. The evidence of record shows that the applicant was a combat casualty as the result of the aforementioned shrapnel wounds and should be awarded the Purple Heart. 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 11 August 1950 as a result of enemy action in Korea.
ARMY | BCMR | CY1996 | 9607593aC070209
CONCLUSIONS: 1. The evidence of record shows that the applicant was a combat casualty as the result of the aforementioned shrapnel wounds and should be awarded the Purple Heart. 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 11 August 1950 as a result of enemy action in Korea.
ARMY | BCMR | CY1996 | 9607595C070209
APPLICANT REQUESTS: That his dishonorable discharge be upgraded to a general discharge. EVIDENCE OF RECORD: The applicant's military records show: He initially enlisted in the Regular Army on 13 October 1983 and through a series of immediate reenlistments remained on active duty until his dishonorable discharge pursuant to the sentence of a general court-martial on 18 May 1990. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with...
ARMY | BCMR | CY1996 | 9607600C070209
APPLICANT STATES: In essence, that he served in combat in Vietnam; that he believes that his service during that period of time caused him to be unfit for military service; and that granting his request would provide him a Civil Service benefit. Army Regulation 635-40, paragraph 3-2b(2), provides that when a member is being separated by reason other than physical disability, his or her continued performance of assigned duty commensurate with his or her rank or grade until he or she is...
ARMY | BCMR | CY1996 | 9607602C070209
He enlisted in the Regular Army on 25 September 1971 and awarded MOS 94B20 (Food Service Specialist). Applicant petitioned the Army Board for Correction of Military Records (ABCMR), on 12 January 1977, to have his lost time removed from his DD Form 214. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records, but only as recommended below.
ARMY | BCMR | CY1996 | 9607615C070209
On 25 June 1969, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-212, for unfitness. On 18 August 1969, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-212, for unfitness with a UD. 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 | 9607617C070209
EVIDENCE OF RECORD: The applicants military records show: He enlisted in the Regular Army on 8 March 1979 and had continuous service until his discharge. Army Regulation 601-210 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve. They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.
ARMY | BCMR | CY1996 | 9607631C070209
The applicant requests that the loans his parents cosigned for his college education be paid in accordance with the provisions of the Loan Repayment Program (LRP) enlistment educational incentive and that he be refunded the $1,200.00 that was collected from his pay for the Montgomery G.I. The applicant obviously enlisted for the LRP and declined the MGIB. That error caused the applicant to be considered to have declined the LRP since no soldier may be enrolled in both educational incentives.
ARMY | BCMR | CY1996 | 9607637C070209
APPLICANT REQUESTS: Correction of his military records to show that he was eligible for multi special pay (MSP) effective 1 October 1994. The applicant was not eligible to enter into an MSP agreement in October 1994, since he had been initially ordered to active duty in June 1989 and had less than 8 years of creditable active service. In view of the foregoing, there exists no basis for granting the applicants request.
ARMY | BCMR | CY1996 | 9607642C070209
Consequently, the applicant met the promotion point cut-off score for 1 July 1996 and should be promoted to the pay grade of E-6 effective that date. In view of the determination by the PERSCOM and the foregoing conclusions, it would be appropriate to promote the applicant to the pay grade of E-6 effective 1 July 1996. That all of the Department of the Army records related to this case be corrected by showing that the individual; concerned was promoted to the pay grade of E-6 effective 1...
ARMY | BCMR | CY1996 | 9607655C070209
The applicant requests that his retention beyond age 60 be antedated to the date he was commissioned in the Army National Guard (ARNG). In the correspondence approving his retention he was informed that his retention could not be made effective the date of his appointment in the ARNG and, therefore, his service in the ARNG from the date of his commission in the ARNG until the date of the retention approval was not creditable for retired pay purposes. The NGB informed the applicant that his...
ARMY | BCMR | CY1996 | 9607658C070209
Paragraph 5-4(d) states that the OSR will not be awarded for overseas service recognized with another U.S. service medal. The applicant was awarded the Army Commendation Medal w/1 OLC, Permanent Order Number 55-20, dated 6 October 1994. The applicant was awarded the Humanitarian Service Medal, the Army Commendation Medal w/1 OLC and the Kuwait Liberation Medal (K); therefore, he is entitled to correction of his records to show these awards.
ARMY | BCMR | CY1996 | 9607659C070209
The applicant states that upon completion of his Bonus Extension and Retraining (BEAR) Program training in MOS 91C, he was offered the option to reenlist in the pay grade of E-4 the day before graduation. On 6 December 1991 the applicant reenlisted for the first time for a period of 4 years with no entitlement to an SRB. The PERSCOM recommended that the applicants reenlistment contract of 6 December 1991 be corrected to reflect that he reenlisted on 1 July 1989 for a period of 5 years...
ARMY | BCMR | CY1996 | 9607669C070209
APPLICANT REQUESTS: That the effective date and date of rank (DOR) for his promotion to the pay grade of E-4 be corrected to show that he was promoted on 10 January 1996. After an evaluation by medical personnel it was discovered that his weight gain was the result of a medical reason and he was removed from the weight control program on 27 March 1996 and promoted to the pay grade of E-4 on 1 April 1996. That regulation also states that commanders may advance soldiers to the pay grades of...
ARMY | BCMR | CY1996 | 9607678C070209
When a soldier enlists for this option, a DA Form 3286-66 must be completed indicating that he has been promised the LRP, and the soldier must disenroll from the MGIB. The PERSCOM stated that no loans have been paid for the applicant under the LRP, but a note in his file shows that he had informed that office that he has loans which would qualify under the Higher Education Act of 1965, but has not as yet submitted those notes for payment. In the applicants case, that form is not present,...
ARMY | BCMR | CY1996 | 9607683C070209
He goes on to state that had he known he required an additional 9 months to attend the school, he would have reenlisted for 4 years instead of 3 years in order to maximize his bonus entitlements. The applicants military records show that after serving 3 years, 7 months, and 26 days of total active service, he reenlisted on 3 January 1996 for a period of 3 years under the Army service school reenlistment option (Arabic language school) in military occupational specialty 98G, with...
ARMY | BCMR | CY1996 | 9607684C070209
APPLICANT STATES: That he opted for the ACF when he enlisted, and has now been told he is not eligible to participate in that program. In support of his application he submits a copy of an addendum to his enlistment contract wherein he opted for the Montgomery G.I. The PERSCOM stated that the applicant enlisted in the DEP for an MOS which was eligible for the ACF, but changed his MOS to one which was not eligible for the ACF prior to his enlistment in the Regular Army.
ARMY | BCMR | CY1996 | 9607687C070209
APPLICANT STATES: In effect, the applicant states that Army Regulation 135-155, paragraph 2-3a and table 2-1.1 prescribes that the minimum promotion service for promotion to CW2 is two years. EVIDENCE OF RECORD: The applicant's military records show: The applicant was appointed as a warrant officer (WO1) by the Army National Guard effective 8 January 1985. Chapter 7 of the aforementioned regulation, then in effect, prescribes the policies and requirements for Federal recognition of...
ARMY | BCMR | CY1996 | 9607697C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds received in Korea. EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. 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.
ARMY | BCMR | CY1996 | 9607748C070209
The EPSBD found her reaction to stinging insects to be medically disqualifying under enlistment standards. 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. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.