ARMY | BCMR | CY1997 | 9710191
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. On 14 February 1978 the...
ARMY | BCMR | CY1997 | 9710191C070209
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...
ARMY | BCMR | CY1997 | 9710192
APPLICANT REQUESTS : In effect, reconsideration of his request for an upgrade of his bad conduct discharge (dismissal from service as a result of trial by general court-martial) which this Board denied on 20 April 1978. The applicant was sentenced to be discharged from the service with a bad conduct discharge, to forfeit all pay and allowances, to be confined at hard labor for one year, and to be reduced to private/E-1. However, in review of the applicant’s entire service record, including...
ARMY | BCMR | CY1997 | 9710192C070209
On 24 May 1968 the applicant was tried by general court-martial for two violations of the UCMJ. The applicant was sentenced to be discharged from the service with a bad conduct discharge, to forfeit all pay and allowances, to be confined at hard labor for one year, and to be reduced to private/E-1. However, in review of the applicants entire service record, including the seriousness of the charges for which he was court-martialed, the Board determined the applicants post service conduct...
ARMY | BCMR | CY1997 | 9710210
APPLICANT REQUESTS: That her military records be corrected to show that she was separated from active duty by reason of physical disability. On 14 June 1994 she submitted an application to this Board requesting that her separation document (DD Form 214) reflect the dates that her unit served in the Persian Gulf. Accordingly, there is no basis on which to grant counsel’s request to show that she was promoted to pay grade E-5 at the time of her separation from active duty.
ARMY | BCMR | CY1997 | 9710210C070209
COUNSEL CONTENDS: Counsel contends that the applicants medical condition did not exist prior to service as determined by a physical evaluation board (PEB) or, alternately, that the condition was aggravated by service; and that she should have been retired with a 100 percent disability rating. EVIDENCE OF RECORD: The applicant's military records show: On 24 September 1990, while serving as a member of the Army Reserve with a unit in San Antonio, Texas, she was ordered to active duty in pay...
ARMY | BCMR | CY1997 | 9710214
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY1997 | 9710214C070209
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 the his undesirable discharge (UD) be upgraded. EVIDENCE OF RECORD: The applicant's military records show: On 3 November 1973 the applicant enlisted in the New York State Army National Guard for 6 years at the age of 17. Chapter 10 of that regulation provides, in pertinent...
ARMY | BCMR | CY1997 | 9710218
APPLICANT REQUESTS: That his separation under the Early Release Program Special Separation Benefit be changed to a medical retirement and that his DD Form 214 be corrected to show his last unit of assignment as LEC, USAFACFS//TRADOC, TC Fort Sill, OK and a different separation code. 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: The applicant had to...
ARMY | BCMR | CY1997 | 9710218C070209
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: That his separation under the Early Release Program Special Separation Benefit be changed to a medical retirement and that his DD Form 214 be corrected to show his last unit of assignment as LEC, USAFACFS//TRADOC, TC Fort Sill, OK and a different separation code. DA Form 7249-R, Certificate and...
ARMY | BCMR | CY1997 | 9710220
Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. The time for the applicant to file a request for correction of any error or injustice expired on 1 September 1974.The application is dated 4 June 1997. BOARD VOTE : EXCUSE FAILURE TO TIMELY FILE GRANT FORMAL HEARING CONCUR WITH DETERMINATION Loren G. Harrell Director
ARMY | BCMR | CY1997 | 9710220C070209
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. DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 1 September 1971, the date the applicant was discharged. BOARD VOTE: EXCUSE FAILURE TO TIMELY FILE GRANT FORMAL HEARING CONCUR WITH DETERMINATION Loren G. Harrell Director
ARMY | BCMR | CY1997 | 9710224
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant states in effect, that he was separated because he was unable to reenlist based on the retention control point (RCP) for soldiers in grade E-4; that he was authorized full separation pay at the time of his separation; and that now finance indicates he was ineligible based on the SPD code contained on his DD Form 214. It states, in pertinent part, that...
ARMY | BCMR | CY1997 | 9710224C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board concluded that the applicant was eligible for full separation pay at the time of his separation. The SPD code assigned the applicant should have been JCC/LCC based on the applicants eligibility for full separation pay and the narrative reason for separation being reduction in force.
ARMY | BCMR | CY1997 | 9710231
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant stated he received counsel and acknowledged he would be discharged under conditions other than honorable, under Army Regulation 635-208, and...
ARMY | BCMR | CY1997 | 9710234
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. 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. There is no basis for removal of the RE code from the applicant’s record.
ARMY | BCMR | CY1997 | 9710234C070209
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. 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. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable...
ARMY | BCMR | CY1997 | 9710239
On 8 December 1983, the applicant was discharged in the pay grade E-1, with a discharge UOTHC, under the provisions of Army Regulation 635-200, Chapter 10, discharge in lieu of trial by court-martial. : 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 applicant’s record of Article 15s, AWOLs and missing movements belies this contention by showing that his...
ARMY | BCMR | CY1997 | 9710239C070209
On 8 December 1983, the applicant was discharged in the pay grade E-1, with a discharge UOTHC, under the provisions of Army Regulation 635-200, Chapter 10, discharge in lieu of trial by court-martial. 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 applicants record of Article 15s, AWOLs and missing movements belies this contention by showing that...
ARMY | BCMR | CY1997 | 9710244
On 25 July 1972, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 2 March to 25 May 1972 and from 22 to 26 June 1972. On 13 November 1975, he was discharged, in pay grade E-1, with a bad conduct discharge pursuant to his court-martial conviction. 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 | CY1997 | 9710244C070209
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. 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. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in...
ARMY | BCMR | CY1997 | 9710247
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. 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...
ARMY | BCMR | CY1997 | 9710251
Subsequently, ARPERCEN advised the applicant that the Purple Heart was erroneously authorized as there was no evidence that his wounds were the direct result of enemy action. This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individual directly engaged in armed conflict who were killed or wounded as a result of "friendly fire." That all of the Department of the Army records related to this case be corrected by awarding the individual...
ARMY | BCMR | CY1997 | 9710251C070209
Subsequently, ARPERCEN advised the applicant that the Purple Heart was erroneously authorized as there was no evidence that his wounds were the direct result of enemy action. This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individual directly engaged in armed conflict who were killed or wounded as a result of "friendly fire." RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by awarding the...
ARMY | BCMR | CY1997 | 9710261
Public Law 95-397, the RCSBP, dated 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. Also, had he died prior to receipt of retired pay at age 60, his spouse would have received an immediate annuity based on his RCSP election. However, the applicant should be aware that Public Law 105-85, enacted 18 November 1997, provides an...
ARMY | BCMR | CY1997 | 9710261C070209
It also informed him that after making an election to participate, that decision is irrevocable unless you revoke it before the end of the 90 day period following receipt of this notification. On 22 February 1983, the applicant elected to participate in the RCSBP, Option C (immediate coverage if he died before age 60). Please consider your decision and its effect very carefully. On 4 March 1996, the applicant, in applying for retired pay, checked that he did not wish to participate in...
ARMY | BCMR | CY1997 | 9710273
On 27 November 1972, the applicant accepted NJP under Article 15, UCMJ for being absent without leave (AWOL) 20 - 27 November 1972. He had completed 4 years, 10 months and 28 days of creditable active service and had 64 days of lost time. He served as a cook.
ARMY | BCMR | CY1997 | 9710273C070209
He also requests award of the Purple Heart and the Combat Infantryman Badge (CIB) APPLICANT STATES: He makes no statement as to his discharge. On 27 November 1972, the applicant accepted NJP under Article 15, UCMJ for being absent without leave (AWOL) 20 - 27 November 1972. On 8 February 1974, he was discharged, in pay grade E-3, under the provisions of Army Regulation 635-200, Chapter 13, for unfitness, with a general discharge.
ARMY | BCMR | CY1997 | 9710275
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY1997 | 9710275C070209
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 4 March 1998 DOCKET NUMBER: AC97-10275 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. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be...
ARMY | BCMR | CY1997 | 9710278
Court-martial charges were preferred against the applicant for AWOL from 22 November 1978 to 9 January 1980. On 15 January 1980 the appropriate authority approved his request and directed that he be discharged UOTHC. He was discharged UOTHC on 27 March 1980 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY1997 | 9710278C070209
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded. EVIDENCE OF RECORD: The applicant's military records show: The applicant was ordered to Active Duty on 5 June 1978 as an enlisted man in an Army Reserve status due to unsatisfactory performance in the Reserve. 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 | CY1997 | 9710284
On 18 May 1959, the applicant was convicted by special court-martial for being absent without leave (AWOL) from 20 March - 23 April 1959. On 15 April 1960, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-209, unsuitability, character behavior disorder, with a general discharge. Army Regulation 635-209 set forth the basic authority for the separation of enlisted personnel for unsuitability.
ARMY | BCMR | CY1997 | 9710284C070209
APPLICANT REQUESTS: In effect, an upgrade of his general discharge to an honorable discharge. On 15 April 1960, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-209, unsuitability, character behavior disorder, with a general discharge. There is no evidence the applicant ever submitted an application to the Army Discharge Review Board (ADRB); for an upgraded discharge.
ARMY | BCMR | CY1997 | 9710335
On 27 April 1953, the commander recommended the applicant be discharged under the provisions of Army Regulation 615-369 for unsuitability. Army Regulation 615-369 set forth the basic authority for the separation of enlisted personnel for inaptitude or unsuitability. All of the medical conditions diagnosed during the applicant’s several physical examinations existed prior to his entry in the military service and there is no evidence to show they were aggravated by his term in the service.
ARMY | BCMR | CY1997 | 9710335C070209
APPLICANT REQUESTS: In effect, that his discharge be changed to a medical discharge. On 12 May 1953, the applicant appeared before a discharge board. All of the medical conditions diagnosed during the applicants several physical examinations existed prior to his entry in the military service and there is no evidence to show they were aggravated by his term in the service.
ARMY | BCMR | CY1997 | 9710337
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 6 May 1998 DOCKET NUMBER: AC97-10337 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. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be...
ARMY | BCMR | CY1997 | 9710337C070209
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. There is no evidence of record or independent evidence submitted by the applicant to support that he had completed community service and been issued a clemency discharge (CD). The evidence of record and the independent evidence...
ARMY | BCMR | CY1997 | 9710347
Mr.Calvin M. FowlerChairpersonMr.Ernest M. WillcherMemberMs.Tina L. StreetMember Also present, without vote, were:Mr.Loren G. HarrellDirectorMr.Joseph A. AdrianceAnalyst The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant requests correction of military records as stated in the application to the Board and as restated herein.The Board considered the following evidence: The convening authority agreed, under...
ARMY | BCMR | CY1997 | 9710347C070209
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...
ARMY | BCMR | CY1997 | 9710350
EVIDENCE OF RECORD : The applicant's military records show: On 11 September 1986 the unit commander recommended the applicant be separated from service, under the provisions of paragraph 14-12b, AR 635-200, for acts or patterns of misconduct. On 1 March 1990 the Army Discharge Review Board denied the applicant's request for an upgrade to his discharge.
ARMY | BCMR | CY1997 | 9710350C070209
He also claims he had two fully honorable discharges between the period September 1974 and September 1984 and that he had completed most of his last enlistment honorably. On 11 September 1986 the unit commander recommended the applicant be separated from service, under the provisions of paragraph 14-12b, AR 635-200, for acts or patterns of misconduct. On 1 March 1990 the Army Discharge Review Board denied the applicant's request for an upgrade to his discharge.
ARMY | BCMR | CY1997 | 9710372
Ms.Karen J. NewsomeChairpersonMr.Raymond V. O’Connor Jr.MemberMs.Margaret K. PattersonMember Also present, without vote, were:Mr.Karl F. SchneiderActing DirectorMr.Joseph A. AdrianceAnalyst The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant requests correction of military records as stated in the application to the Board and as restated herein.The Board considered the following evidence: Chapter 10 of that...
ARMY | BCMR | CY1997 | 9710372C070209
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 honorable (HD). Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges are...
ARMY | BCMR | CY1997 | 9710378
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 30 October 1980, his commander notified him of his intent to separate him under the provisions of Army Regulation 635-200, chapter 14, for misconduct-...
ARMY | BCMR | CY1997 | 9710380
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY1997 | 9710380C070209
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY1997 | 9710396
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. APPLICANT STATES : In effect, that his DD was inequitable because it was based on an isolated incident in over 15 years of service; that his physical impairments prior to and during his court-martial were not...
ARMY | BCMR | CY1997 | 9710396C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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 dishonorable discharge (DD) be upgraded to a general/under honorable conditions discharge (GD). EVIDENCE OF RECORD: The applicant's military records...
ARMY | BCMR | CY1997 | 9710400
While the report of separation reflects that the applicant served in New Guinea, Luzon and the Western Pacific, other documents indicate that the applicant’s unit also served in Okinawa and Japan. The applicant served in four designated campaign periods, Leyte, Luzon, New Guinea, and Ryukyus and is entitled to four bronze service stars and he is entitled to the Army of Occupation Medal with Japan clasp. That all of the Department of the Army records related to this case be corrected by...