ARMY | BCMR | CY1997 | 9710400C070209
While the report of separation reflects that the applicant served in New Guinea, Luzon and the Western Pacific, other documents indicate that the applicants 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. RECOMMENDATION: That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1997 | 9710409
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. APPLICANT REQUESTS: In effect, disability retirement or separation. The applicant has not presented and the records do not contain sufficient justification to...
ARMY | BCMR | CY1997 | 9710449
The applicant’s discharge from service was accomplished in accordance with applicable laws and regulations in effect at the time of his separation and the discharge an appropriate option for the approving authority to direct to be given.2. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was given an honorable discharge from the Army on 31 July 1996, under the provisions of Chapter 13, Army Regulation 635-200. Also,...
ARMY | BCMR | CY1997 | 9710449C070209
The VA and some states, in determining qualifications for benefits administered by their agencies, generally hold that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until that agency determines that the early discharge amounted to a complete and unconditional separation from the service. The applicants discharge from service was accomplished in accordance with applicable laws and regulations in...
ARMY | BCMR | CY1997 | 9710453
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 corrected without a formal hearing, or to deny the application without a formal hearing if it is...
ARMY | BCMR | CY1997 | 9710453C070209
On 30 September 1976 the applicant accepted his last NJP for failing to go to his prescribed place of duty and was punished with a forfeiture of $25.00. The DD Form 214 also documents that the applicant was discharged on 30 November 1976 after completing 2 years, 10 months, and 28 days of active military service. The Board determined the reason for and the character of the discharge are commensurate with the applicant's overall record of military service.
ARMY | BCMR | CY1997 | 9710467
The Board considered the following evidence: At that time he stated that he had not been hospitalized since his hospitalization in the Army. Psychiatric experts at the PDA state that the applicant’s military treatment records support that finding.
ARMY | BCMR | CY1997 | 9710467C070209
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. EVIDENCE OF RECORD: The...
ARMY | BCMR | CY1997 | 9710473
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 12 October 1968 while still in basic training the applicant applied for a hardship discharge based on his parents being in old age and in poor health, his father was suffering from terminal cancer. On 5 October 1970 the applicant’s unit commander recommended approval of the applicant’s request for discharge for the good of the service, in lieu of trial by court-martial.
ARMY | BCMR | CY1997 | 9710473C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 12 October 1968 while still in basic training the applicant applied for a hardship discharge based on his parents being in old age and in poor health, his father was suffering from terminal cancer. The applicant further stated that after he had been denied a hardship discharge twice he saw no alternative but to go home and assist his family.
ARMY | BCMR | CY1997 | 9710490
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 corrected without a formal hearing, or to deny the application without a formal hearing if it is...
ARMY | BCMR | CY1997 | 9710490C070209
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 | 9710522
She contends that the Personnel Service Battalion (PSB) wrongly removed 41 promotion points from the recomputation of her DA Form 3355 (Promotion Point Worksheet) for August 1995. The applicant’s was granted 881 promotion points on her initial DA Form 3355, dated 10 August 1992. Under civilian education she was granted a total of 48 promotion points, 41 points were earned at Orleans Technical Institute.
ARMY | BCMR | CY1997 | 9710522C070209
She contends that the Personnel Service Battalion (PSB) wrongly removed 41 promotion points from the recomputation of her DA Form 3355 (Promotion Point Worksheet) for August 1995. Under education the 41 promotion points previously awarded from the Orleans Technical Institute were removed. 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-6 effective 1 March 1996 with a same...
ARMY | BCMR | CY1997 | 9710524
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 corrected without a formal hearing, or to deny the application without a formal hearing if it is...
ARMY | BCMR | CY1997 | 9710524C070209
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 a 1985 General Office Letter of Reprimand be expunged from her records. APPLICANT STATES: The letter has been in her file for 12 years and she feels it has served its purpose. She also notes that she was an E-4 at the time of the incident. EVIDENCE OF RECORD: The applicant's military...
ARMY | BCMR | CY1997 | 9710531
He was granted 575 promotion points on his July 1997 DA Form 3355. The Total Army Personnel Command (PERSCOM) in a comment to the Board advised, in effect, that their review of the case confirms the applicant’s contentions and recommended granting the applicant’s request. Had the PSNCO timely processed the promotion paperwork in June 1997 the applicant would have met the promotion point cut-off score for promotion to pay grade E-5 for 1 September 1997.
ARMY | BCMR | CY1997 | 9710531C070209
The applicant requests, in effect, retroactive reevaluation of his promotion points and promotion to pay grade E-5 effective 1 September 1997. He was granted 575 promotion points on his July 1997 DA Form 3355. Had the PSNCO timely processed the promotion paperwork in June 1997 the applicant would have met the promotion point cut-off score for promotion to pay grade E-5 for 1 September 1997.
ARMY | BCMR | CY1997 | 9710536
The applicant requests that his discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge. 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 have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. That all of the Department of the Army...
ARMY | BCMR | CY1997 | 9710536C070209
The applicant requests that his discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge. 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 have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. That all of the Department of the Army...
ARMY | BCMR | CY1997 | 9710551
On 12 November 1981, the applicant requested separation under the provisions of Army Regulation 635-200, Chapter 8, pregnancy. Chapter 8 of that regulation states, in pertinent part, that an enlisted woman who is medically diagnosed as being pregnant may, after her unit commander has counseled her concerning her options, entitlements and responsibilities, request separation under this paragraph. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military...
ARMY | BCMR | CY1997 | 9710551C070209
She initially entered the Delayed Entry Program on 20 June 1980, enlisted in the Regular Army on 3 July 1980, and was honorably discharged on 25 July 1980 under the provisions of the Trainee Discharge Program, pregnant prior to entry on active duty. On 12 November 1981, the applicant requested separation under the provisions of Army Regulation 635-200, Chapter 8, pregnancy. DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 2...
ARMY | BCMR | CY1997 | 9710585
APPLICANT STATES : That he was awarded the ARCOM for service as the Commander, US Army Petroleum Distribution Command, Europe, from 1956 to 1960. In recognition of his service he received the Legion of Merit (LOM) as a retirement award. When the applicant retired in 1964 his retirement award (the LOM) covered his last 11 years of service which included the period of his European assignment.
ARMY | BCMR | CY1997 | 9710585C070209
APPLICANT STATES: That he was awarded the ARCOM for service as the Commander, US Army Petroleum Distribution Command, Europe, from 1956 to 1960. In recognition of his service he received the Legion of Merit (LOM) as a retirement award. Based upon the period covered by the ARCOM he received at the conclusion of his assignment in Europe, the award appears to have taken into account his involvement in the transfer of the Farge Petroleum facility to the FRG.
ARMY | BCMR | CY1997 | 9710591
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. Although the applicant’s...
ARMY | BCMR | CY1997 | 9710591C070209
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 an honorable discharge (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...
ARMY | BCMR | CY1997 | 9710592
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. EVIDENCE OF RECORD : The...
ARMY | BCMR | CY1997 | 9710592C070209
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. EVIDENCE OF RECORD: The applicant's military records show: On 20 April 1972 the applicant entered the Regular Army for 3 years at the age of 19. Chapter 10 of that regulation provides, in pertinent part, that a member who has...
ARMY | BCMR | CY1997 | 9710593
APPLICANT REQUESTS : That his Physical Evaluation Board (PEB) finding of “considered fit for service” be corrected to read “unfit for service, 30 percent or greater disability.” This “presumption of fitness’ rule will be applied to soldiers who enter the physical disability evaluation system and are within 9 months of mandatory retirement for age, service in grade and/or years of service. The evidence shows he was able to perform his duties in an outstanding manner up until the date of his MRD.
ARMY | BCMR | CY1997 | 9710596
: The applicant’s military records show:He was born on 22 March 1963. He completed 13 years of formal education. He enlisted in the Regular Army on 18 May 1988.
ARMY | BCMR | CY1997 | 9710596C070209
APPLICANT REQUESTS: In effect, that his conviction be overturned and he be granted a new trial. He submits as supporting documentation excerpts from the Article 32 hearing and the trial, the defense counsels motion for relief, and official statements concerning an assault on him by relatives of one of the victims. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is...
ARMY | BCMR | CY1997 | 9710616
On 28 February 1974, the applicant extended his enlistment for a period of 28 months, giving him a new expiration term of service (ETS) of 31 July 1976. His DD Form 214 shows he had completed a 13 years, 3 months and 23 days of total active service and 19 years and 3 months of total service for pay. Army Regulation 635-200 provides that a soldier who has completed 20 years active federal service and who has completed all required service obligations is eligible to retire.
ARMY | BCMR | CY1997 | 9710616C070209
He was never told that he had to do at least 8 years in the active reserve to qualify for that retirement pay. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. At the time of his discharge in 1975, the applicant had completed less than 14 years of active federal service and only 19 years 3 months (recently recomputed at 19 years, 3 months and 2 days) of qualifying service for a Reserve retirement.
ARMY | BCMR | CY1997 | 9710620
APPLICANT STATES : In effect, that he was not guilty of the offense for which he was charged, but his civilian attorney recommended that he “plead guilty since blacks did not fare well in cases like this.” COUNSEL CONTENDS : That the Board should grant clemency and change the discharge as requested by the applicant. His approved sentence was to receive a bad conduct discharge, to forfeit all pay and allowances, to be reduced to pay grade E-1 and to be confined at hard labor for 9 months. ...
ARMY | BCMR | CY1997 | 9710620C070209
APPLICANT STATES: In effect, that he was not guilty of the offense for which he was charged, but his civilian attorney recommended that he plead guilty since blacks did not fare well in cases like this. COUNSEL CONTENDS: That the Board should grant clemency and change the discharge as requested by the applicant. His approved sentence was to receive a bad conduct discharge, to forfeit all pay and allowances, to be reduced to pay grade E-1 and to be confined at hard labor for 9 months. ...
ARMY | BCMR | CY1997 | 9710626
On 23 March 1964 the applicant’s unit commander, based on the aforementioned psychiatric evaluation, initiated separation action on the applicant, under the provisions of AR 635-209 for unsuitability and recommended he be issued a GD. The applicant’s record of service does not meet the criteria for an under honorable conditions discharge by current Army regulations. That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the...
ARMY | BCMR | CY1997 | 9710626C070209
On 23 March 1964 the applicants unit commander, based on the aforementioned psychiatric evaluation, initiated separation action on the applicant, under the provisions of AR 635-209 for unsuitability and recommended he be issued a GD. On 30 March 1964 the appropriate authority approved the applicants discharge for unsuitability, under the provisions of paragraph 3b, (SPN 264-Character and Behavior Disorder)of AR 635-209, and directed he be issued a General Discharge Certificate. The...
ARMY | BCMR | CY1997 | 9710634
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 | 9710634C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD: The applicant's military records show: On 10 July 1968 the applicant was inducted into the Army of the United States for 2 years at the age of 19. The evidence of record and the independent evidence submitted by the applicant does not support his contentions that his legal counsel was inadequate or that his chain of command failed to respond to...
ARMY | BCMR | CY1997 | 9710636
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: He was convicted by a special court-martial on 20 April 1971 and was sentenced to be confined at hard labor for 3 months, reduced to the pay grade of E-1, and a forfeiture of pay.
ARMY | BCMR | CY1997 | 9710636C070209
EVIDENCE OF RECORD: The applicant's military records show: The applicant was single when he enlisted in Seattle, Washington on 4 February 1969 for a period of 3 years. He was convicted by a special court-martial on 20 April 1971 and was sentenced to be confined at hard labor for 3 months, reduced to the pay grade of E-1, and a forfeiture of pay. However, the evidence submitted with his application and the evidence of record fail to support his contentions.
ARMY | BCMR | CY1997 | 9710638
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His resultant sentence included: confinement at hard labor for a period of 2 years; and to be discharged from the service with a bad conduct 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:
ARMY | BCMR | CY1997 | 9710638C070209
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 bad conduct discharge (BCD) be upgraded to honorable. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant,...
ARMY | BCMR | CY1997 | 9710646
On 20 January 1982, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service with a UOTHC discharge. Although the Army Discharge Review Board denied his application for upgrade, and although the applicant failed to apply to this board within the time required, it would nonetheless be fair and equitable to upgrade the applicant’s UOTHC discharge to a general discharge in consideration of his prior good service and his...
ARMY | BCMR | CY1997 | 9710646C070209
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 have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. Although the Army Discharge Review Board denied his application for upgrade, and although the applicant failed to apply to this board within the time required, it...
ARMY | BCMR | CY1997 | 9710655
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 | 9710655C070209
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 | 9710663
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. APPLICANT STATES : In...
ARMY | BCMR | CY1997 | 9710663C070209
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. APPLICANT STATES: In...
ARMY | BCMR | CY1997 | 9710664
Mr.Raymond V. O’Connor, Jr.ChairpersonMs.Karen L. WolfeMemberMr.James P. HuberMember 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. 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...