ARMY | BCMR | CY1996 | 9607991C070209
APPLICANT REQUESTS: That he be awarded the Expert Infantryman Badge (EIB), the Bronze Star Medal (BSM) and the Chosin Few Medal. 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 applicant to file a request for correction of any error or injustice expired on 8 September 1954.
ARMY | BCMR | CY1996 | 9607996C070209
The applicant requests correction of her military records to show that she was assigned a reentry eligibility (RE) code of RE-2 instead of RE-3. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that she was honorably released from active duty on 6 September 1994, in pay grade E-2, under Army Regulation 635-200, chapter 8 (pregnancy); that she was transferred to the USAR Control Group (Annual), ARPERCEN; that she had not been awarded an MOS; that she had...
ARMY | BCMR | CY1996 | 9607999C070209
Public Law 95-397, effective 1 October 1979, 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. The evidence of record shows that in May 1994 the applicant elected SBP coverage for his daughter, a person with insurable interest, based upon erroneous guidance or improper counseling upon which to complete...
ARMY | BCMR | CY1996 | 9608001C070209
The applicant requests that his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to reflect that he was awarded the Army of Occupation Medal for Germany. The applicants WD AGO Form 53-55 does not reflect that he was awarded the Army of Occupation Medal for Germany but does show that he served in the European Theater of Operations for 11 months and 11 days between December 1945 and November 1946. RECOMMENDATION: That all of the Department of the Army records...
ARMY | BCMR | CY1996 | 9608015C070209
APPLICANT REQUESTS: In effect, that the reason for discharge is incorrect because he never went AWOL. On 10 December 1968, Fort Polk issued special order number 312 which instructed the applicant to proceed on a 3 week temporary duty (TDY) assignment to Fort Knox, Kentucky, for training as an Army personnel carrier (M-113) driver; in addition, the order contained information which advised the applicant of his follow on assignment to the overseas replacement station in Oakland, California...
ARMY | BCMR | CY1996 | 9608018C070209
The applicant requests correction of his military records to show that he was awarded the Good Conduct Medal. The applicants DD Form 214 indicated that he was honorably released from active duty on 22 July 1992 by reason of expiration of term of service; that he was transferred to the USAR Control Group (Reinforcement), USAR Personnel Center; that his Reserve Obligation Termination Date was 12 December 1996; that he completed 3 years and 4 months active service; and that he received the...
ARMY | BCMR | CY1996 | 9608019C070209
EVIDENCE OF RECORD: The applicant's military records show: He entered active duty in 1965 and served in Vietnam between 1966 and 1967. The Purple Heart is not listed as an authorized award on any of the DD Forms 214 issued during the applicants military service, nor is it listed on his DA Form 20 (enlisted qualification record) or DA Form 2-1 (personnel qualification record). The time for the applicant to file a request for correction of any error or injustice expired on 31 October 1989.
ARMY | BCMR | CY1996 | 9608024C070209
The applicant requests correction of his separation documents (DD Form 214) to show that he was separated from the service in the pay grade of E-5. He goes on to state that his reduction was unjust because he was not afforded the right of a reduction board as required by the applicable regulation and as indicated by the Total Army Personnel Command (PERSCOM) in a letter he submits in support of his application. He further stated that he believed, but could not state definitively, that...
ARMY | BCMR | CY1996 | 9608026C070209
APPLICANT STATES: That his chain of command initiated action to separate him from the Army Reserve (USAR) under the provisions of chapter 7, Army Regulation (AR) 135-178 because he tested positive for cocaine during a random drug screening of unit personnel. This Board is not an investigative body; it makes its determinations based upon a review of the official record and any evidence provided by the applicant. After hearing all testimony and reviewing all evidence, and with a quorum...
ARMY | BCMR | CY1996 | 9608030C070209
The applicant requests that his records be corrected to show entitlement to award of the Republic of Vietnam (RVN) Gallantry Cross Unit Citation and the Valorous Unit Award. The applicant retired from military service on 30 September 1991, under Army Regulation 635-200, chapter 12, for length of service. The evidence of record shows that the applicant is entitled to the above listed foreign awards for his service in the RVN and that his records should be corrected accordingly.
ARMY | BCMR | CY1996 | 9608034C070209
After completing 10 months of service, he reenlisted while serving 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. Based upon the available records, there is no conclusive evidence that the applicant suffered any wounds or injuries during his service that would qualify him for award of the Purple Heart.
ARMY | BCMR | CY1996 | 9608045C070209
APPLICANT STATES: That he suffered from back and left shoulder conditions which warranted his being medically boarded and retired. An informal physical evaluation board (PEB) was then convened which found the applicant physically unfit due to knee impairment, moderate, and recommended he be separated with severance pay, rated 20 percent disabled. The applicant reenlisted, was awarded a second MOS, was enlisted in the PRARNG, was appointed as a warrant officer, and was found medically fit...
ARMY | BCMR | CY1996 | 9608054C070209
Notwithstanding the presence, or possible presence, of various medical conditions, there is no evidence of record, nor has the applicant provided sufficient evidence, which would indicate that she suffered from any medical condition of such severity that she was rendered unable to reasonably perform the duties of her office, rank, grade or rating. An award of a VA rating does not establish entitlement to medical retirement or separation from the Army. The Army must find that a service...
ARMY | BCMR | CY1996 | 9608055C070209
He states, in effect, that he was young, stupid and inmature and that he signed papers that he really did not understand. On 14 September 1976, the applicant enlisted in the Regular Army for 3 years. The applicant acknowledged notification of the proposed discharge from the Army under the provisions of Army Regulation 635-200, paragraph 5-31,( On 23 January 1973, a mental and a physical evaluation found the applicant fit for retention.
ARMY | BCMR | CY1996 | 9608067C070209
EVIDENCE OF RECORD: The applicants military records show: The applicant was a member of the Army Reserve. The available evidence of record shows that in 1966 and 1970, the applicant elected RSFPP for children only coverage, excluding his spouse from RSFPP coverage. The available records also show that the applicant had numerous opportunities to correct this error even if he says he was not aware of the error.
ARMY | BCMR | CY1996 | 9608069aC070209
The applicant requests reconsideration of his request to have his military records corrected to reflect award of a second Meritorious Service Medal and a Gold Recruiter Badge. The Board originally concluded that while the applicants separation report did reflect entitlement to one Meritorious Service Medal there was no evidence, and the applicant had not provided any, which confirmed he was ever awarded the second Meritorious Service Medal or the Gold Recruiter Badge. The evidence of...
ARMY | BCMR | CY1996 | 9608072C070209
The applicant requests in effect, correction of his military records to show that he elected SBP (Survivor Benefits Plan) for spouse and children vice children only. The applicant retired on 1 May 1992 with more than 20 years of creditable active service in pay grade E-7. The evidence of record shows that the applicant was not married at the time of his retirement in 1992, and therefore elected SBP participation only for his dependent children at the full base amount.
ARMY | BCMR | CY1996 | 9608077C070209
On 5 March 1974 the applicants commanding officer recommended that the applicant be discharged under the provisions of Army Regulation 635-206 because of his civil conviction. The applicant was discharged at Fort Gordon on 28 March 1974. The requirement for a board of officers could be waived by the separation authority provided the individual concerned was physically in civil custody at the time.
ARMY | BCMR | CY1996 | 9608081C070209
On 12 December 1953, the commander notified the FSM that he was being recommended for discharge under the provisions of Army Regulation 615-369, for unsuitability. 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. The character of the discharge is commensurate with the FSM's overall record of military service.
ARMY | BCMR | CY1996 | 9608082C070209
He states when he found out that [he] could appeal this action his supervisor caused [him] to be harassed resulting in two UCMJ actions and the appearance he had suddenly become a substandard soldier. He believes if he was promoted his conditions upon retirement would have been improved, thus leading to a better pension. EVIDENCE OF RECORD: The applicant's military records show: He served an initial period of active duty with the Air Force between April 1970 and April 1974 and was...
ARMY | BCMR | CY1996 | 9608087C070209
His rank and pay grade on his DD Form 214 (Report of Transfer or Discharge) is shown as Private E-1. It does not show award of the Bronze Star Medal with V device, the Purple Heart Medal, the Expert Qualification Badge with rifle bar, or the Combat Medical Badge. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with V device, the Purple Heart Medal, the Expert Qualification Badge...
ARMY | BCMR | CY1996 | 9608090C070209
The applicant requests that he be advanced to pay grade E-2 effective 26 May 1992 and that he receive all back-pay and allowances due him. Army Regulation 601-210, Regular and Army Reserve Enlistment Program, in effect at the time, provides in Table 2-3, Rule L, that an applicant who is or has been a member of the Boy Scouts of America and is a recipient of Boy Scout Eagle Certificate Form 58-708 will be enlisted in pay grade E-2. RECOMMENDATION: That all of the Department of the Army...
ARMY | BCMR | CY1996 | 9608092C070209
Army Regulation 635-5, the regulation governing the preparation of DD Form 214, pertinently provides that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue as the result of such service. The RE code alone is not sufficient to effect a reenlistment. There is no reason, therefore, to change...
ARMY | BCMR | CY1996 | 9608093C070209
APPLICANT STATES: That she was told when she reenlisted while serving on active duty in the Active Guard and Reserve (AGR) program that she could not enlist for the MGIB as all individuals in the AGR program are automatically enrolled for that incentive. This regulation provides for issuing an individual who is assigned to an Army National Guard (ARNG) or USAR unit, or who is assigned to an Individual Mobilization Augmentee position, or who is on active duty in the AGR program and...
ARMY | BCMR | CY1996 | 9608096C070209
Army Regulation 600-8-22, Military Awards, provides instructions for award of the below listed decorations as follows: The ADSM is awarded for service between 8 September 1939 and 7 December 1941. The NDSM is awarded for honorable service for any period between 27 June 1950, and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 and 30 November 1995. DISCUSSION: Considering all the evidence, allegations, and information...
ARMY | BCMR | CY1996 | 9608111C070209
The applicant requests that his date of enlistment in the USAR be corrected from 19 September to 31 August 1991. The applicant states that he intended to continue his military service upon his release from active duty, but an error on his date of enlistment has now caused him to have a 3-week break in service. An individual enlisting under the dual component enlistment option is required to have a date of enlistment in the USAR as the day following his or her release from active duty.
ARMY | BCMR | CY1996 | 9608122C070209
APPLICANT STATES: She states that she should have received an honorable discharge instead of a general discharge. EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted in the Army on 1 November 1988, with 2 months and 18 days of prior active service. The applicant has submitted neither probative evidence nor a convincing argument in support of her request.
ARMY | BCMR | CY1996 | 9608125C070209
EVIDENCE OF RECORD: The applicant's military records show: On 2 April 1980 the applicant entered the Regular Army for 3 years at the age of 17. The applicants unit commander recommended approval of the applicants request for discharge for the good of the service, in lieu of trial by court-martial and recommended the applicants be issued a UOHC. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the...
ARMY | BCMR | CY1996 | 9608127C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of the Purple Heart and Combat Infantryman Badge. He states he was awarded the Combat Infantryman Badge and Purple Heart for minor wounds and injuries received from enemy fire while assigned to the 179th Infantry Regiment of the 45th Infantry Division while in Korea. The time for the applicant to file a request for correction of any error or injustice expired on 29 June 1955.
ARMY | BCMR | CY1996 | 9608129C070209
If he had, he would have been enlisted in pay grade E-2 instead of E-1. Therefore, his advancement to pay grade E-2 should have been effective the date of his enlistment. 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-2 effective 14 September 1993 with the same date of rank; and b. by showing that he was advanced to pay grade E-3 effective 14 September 1994 and that he...
ARMY | BCMR | CY1996 | 9608153C070209
The applicant states that the SR rendered the SR option (contested report) OER with the intent of showing that he was one of the best company commanders in the brigade. Although the Board cannot ascertain that the contested report has prevented the applicant from being selected for promotion, schooling, or command selection, it would be appropriate to correct the contested OER to reflect a top block rating and by deleting the SR profile from the contested OER. That all of the Department of...
ARMY | BCMR | CY1996 | 9608154C070209
APPLICANT STATES: That the ROS contains procedural errors in that the ROS officer appointed to conduct the survey was a captain, as was the applicant; the ROS was not completed within the prescribed 30 day time frame; the survey was processed for collection before his request for reconsideration was completed. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory...
ARMY | BCMR | CY1996 | 9608162C070209
The applicant request that his records be corrected to show that he is entitled to cash in 31 days of accrued leave. On 20 April 1996, the local finance office advised the applicant that he could not cash in his leave on the second extension, but he could have done so on the first. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the applicant was eligible to cash in 31 days of leave effective 29 September 1993, the date of...
ARMY | BCMR | CY1996 | 9608164C070209
The applicant states that he reenlisted on 7 December 1995 for a period of 5 years because he was not properly informed that he was eligible to reenlist for 6 years and that had he known he could have reenlisted for 6 years, he would have done so in order to maximize his bonus entitlements. It opined that the applicant was eligible to reenlist for 6 years and that the career counselor failed to properly advise the applicant of the benefit of maximizing his bonus entitlements. The applicant...
ARMY | BCMR | CY1996 | 9608168C070209
APPLICANT REQUESTS: Removal of a record of proceedings of nonjudicial punishment (NJP) dated 17 September 1992 from his Official Military Personnel File (OMPF) and promotion reconsideration to the pay grade of E-7 with all back pay and allowances if he is selected. The record of proceedings of NJP that served as the basis for the QMP action was imposed against the applicant on 17 September 1992, while he was serving in the pay grade of E-6 in Panama. Although the applicant successfully...
ARMY | BCMR | CY1996 | 9608169C070209
APPLICANT REQUESTS: A review of the circumstances surrounding her promotion eligibility to the pay grade of E-6 and retroactive promotion to that grade if an injustice exists. APPLICANT STATES: That she initially provided the servicing military personnel office (MILPO) with a copy of her college transcript in April 1995 when she arrived in Hawaii so that it would be present in her records for her June 1995 recomputation. However, they are not supported by the evidence submitted with her...
ARMY | BCMR | CY1996 | 9608189C070209
On 8 November 1991, the applicants commander advised the applicant that he was initiating action to separate him for his patterns of misconduct under Army Regulation 635-200, chapter 14, and of his rights. On 17 January 1992, the applicant was discharged, in pay grade E-2, under Army Regulation 635-200, paragraph 14-12b (misconduct-pattern of misconduct), with a general discharge under honorable conditions. A discharge under other than honorable conditions is normally appropriate for a...
ARMY | BCMR | CY1996 | 9608194C070209
The applicant requests that his records be corrected to show that he received a general discharge (GD) in lieu of a discharge under conditions other than honorable (UOTHC). On 15 March 1972, he was advised by his unit commander that he was being recommended for separation based on his prior NJP and several counselling statements, under Army Regulation 635-212 and of his rights. On 11 May 1972, the applicant was separated, with a GD, under the above cited regulation.
ARMY | BCMR | CY1996 | 9608195C070209
He also now asks that he receive separation pay and, in effect, that his reenlistment eligibility code (RE) be changed on his separation document. 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. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and...
ARMY | BCMR | CY1996 | 9608196C070209
On 19 January 1979, 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. 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 | 9608200C070209
The applicant was tried by a general court-martial on 17 June 1947 on charges of breaking arrest, disobeying a lawful order of an NCO, drunk and disorderly, and disrespect to an officer. The applicant had an alcohol abuse problem while in military service. The Board considers the punishment of a DD to be overly harsh in view of the applicants alcoholism and in consideration of the offenses for which he was convicted.
ARMY | BCMR | CY1996 | 9608223C070209
APPLICANT STATES: That she should have been rated for all her medical conditions, not just her headaches. The PEB, after finding her fit for duty twice, referred her to a formal PEB which found her unfit for duty due to her vascular and tension headaches and recommended that she be discharged with severance pay, rated 10 percent disabled. The applicants rating by the VA does not indicate that her rating by the Army is in error.
ARMY | BCMR | CY1996 | 9608224C070209
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. EVIDENCE OF RECORD: The applicants military records show: He was enlisted in the Regular Army on his first term on 21 May 1969 for and served honorably for 1 year, 5 months, and 10 days, and he attained pay grade of E-4 on 20 May 1970. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE...
ARMY | BCMR | CY1996 | 9608230C070209
EVIDENCE OF RECORD: The applicant's military and medical records show: On 22 November 1988, he enlisted in the Regular Army, for 3 years and was subsequently retained on active duty for 264 days for the convenience of the Government. On 19 February 1993, the applicant concurred with the MEBD findings and recommendation. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1996 | 9608238C070209
On 20 April 1994 a formal physical evaluation board (PEB) determined that the applicant had seizure disorder, generalized and idiopathic, controlled by medication, with seizures reported in April 1993 (definite) and in May 1993 (probable). Army Regulation 635-40, appendix B, Army Application of the VA Schedule for Rating Disabilities, paragraph B-3f, provides that conditions which do not render a soldier unfit for military service will not be considered in determining the compensable...
ARMY | BCMR | CY1996 | 9608247C070209
The applicant requests that the effective date of his promotion to pay grade E-5 be corrected. In support of his application he submits a copy of an order showing he was promoted from pay grade E-4 to pay grade E-5 on 26 April 1991, with a date of rank of 1 February 1991. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to pay grade E-5 effective 26 April 1991.
ARMY | BCMR | CY1996 | 9608248C070209
He stated that he told the recruiter about his problems with drugs and his rehabilitation, and that his probation was in Newton County. On 30 March 1977 the separation authority approved the recommendation and directed that the applicants enlistment be voided, and that orders be published releasing the applicant from Army control because of fraudulent entry. The applicant was properly released from the Army and his service voided, because of fraudulent entry.
ARMY | BCMR | CY1996 | 9608317C070209
APPLICANT REQUESTS: Reconsideration of his request for promotion to Major. The statute under which the Board was established provides that an application must be filed within 3 years after discovery of the alleged error or injustice. However, The Board has never denied an application simply because it was not submitted within the required time.
ARMY | BCMR | CY1996 | 9608319C070209
Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, table 3-4, then in effect, provides rules for determining the enlistment pay grade for prior active service personnel who are enlisting in the USAR. The applicant was enlisted in the USAR on 13 September 1991 in the proper grade of E-4. The available record do not reflect the reasons why she did not attend the initial training for her 91C MOS, but do show that after being assigned to the unit for less than 1 year...
ARMY | BCMR | CY1996 | 9608324C070209
The applicants record indicates that on 20 May 1986, he elected RC-SBP for spouse with full retired pay. On 3 November 1994, the applicant reaffirmed his prior election by again electing coverage for his spouse. The SSBP is a voluntary supplemental coverage, paid solely by the applicant and since the supplement coverage is an addition to the SBP it would be in the interest of justice to cancel the coverage.