ARMY | BCMR | CY1997 | 9711110
Generally, to qualify for the SSB individuals must have served on active duty for more than 6 years prior to enactment of this law, served at least 5 years of continuous active duty preceding separation, and meet such other requirements as the Secretary may prescribe which could include requirements relating to years of service, skill, and grade. One of these incentives was a SSB, a lump sum payment equal to 15 percent of the soldier’s basic monthly pay, multiplied by 12 and multiplied...
ARMY | BCMR | CY1997 | 9711121
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 | 9711122
APPLICANT REQUESTS : That his uncharacterized discharge be changed to an honorable discharge. At the time of the Board the curvature was 47 degrees. On 12 September 1996, the applicant concurred with the Board proceedings and requested discharge from the Army without delay.
ARMY | BCMR | CY1997 | 9711134
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 | 9711137
On 3 June 1998 the Board denied the applicant’s request for removal of the subject NJP. However, at that time, the Board was unaware that the applicant’s urinalysis fell within the Board’s Urinalysis Records Correction Program. Since the subject NJP and references to the applicant’s drug abuse are to be removed from the applicant’s records, there appears to be no good reason to continue to assign the applicant an RE code of RE-3.
ARMY | BCMR | CY1997 | 9711143
The applicant requests that he be transferred to the retired reserve. He states that he received orders discharging him from the USAR and would like to have those orders amended so that he can be transferred to the retired reserve. The applicant was eligible for transfer to the retired reserve by virtue of his having received a twenty year letter.
ARMY | BCMR | CY1997 | 9711151
He completed 12 years of formal education. On 27 February 1975, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 13, for unfitness - frequent involvement of a discreditable nature with authorities with a discharge UOTHC. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.
ARMY | BCMR | CY1997 | 9711154
: The applicant's military records show:He enlisted in the Regular Army on 5 September 1990 for 4 years. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. Army Regulation 15-180 provides for petitioning the Army Discharge Review Board for upgrade of the characterization or the reason and authority for discharge, or both.
ARMY | BCMR | CY1997 | 9711158
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 9 May 1973 a board of...
ARMY | BCMR | CY1997 | 9711160
On 30 September 1969, the company commander initiated separation action under AR 635-212 for unfitness. He had completed 2 months and 14 days of creditable active service and had 262 days of lost time. On 2 April 1975 and 17 April 1981, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY1997 | 9711175
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant requests that his records be corrected to show that he enlisted for a period of 4 years instead of the 8 years indicated on his enlistment contract. The applicant’s military records show that the applicant enlisted in the USAR on 14 August 1997 for a period of 8 years under the Delayed Entry Program (DEP) for entry on active duty for a period of 4 years.
ARMY | BCMR | CY1997 | 9711186
APPLICANT REQUESTS : The record of nonjudicial punishment (NJP) (DA Form 2627) be removed from the restricted fiche of her Official Military Personnel File (OMPF). EVIDENCE OF RECORD : The applicant's military records show: Although the applicant may perceive that retention of the record of NJP on her restricted fiche might somehow be prejudicial to her career, there is no basis to support that perception.
ARMY | BCMR | CY1997 | 9711195
EVIDENCE OF RECORD : The applicant’s military records show:He initially enlisted in the U.S. Marine Corps on 17 October 1967. On 18 April 1972, the applicant completed a separation physical and was found qualified for separation. On 26 June 1972, the applicant was discharged, with a general discharge, in pay grade E-3, under the provisions of Army Regulation 635-212.
ARMY | BCMR | CY1997 | 9711211
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That at the time he separated from the service he deferred receipt of his final pay and that his deferral is noted on the Report of Separation (DD Form 214) contained in his official records. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY1997 | 9711215
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. That the Army Physical...
ARMY | BCMR | CY1997 | 9711218
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 | 9711222
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 | 9711237
EVIDENCE OF RECORD : The applicant's military records show: The applicant requested a separation from the Army for hardship reasons in early 1993. As its name indicates, nonjudicial punishment is different from a trial by court-martial.
ARMY | BCMR | CY1997 | 9711238
EVIDENCE OF RECORD : The applicant's military records show: A 24 March 1969 clinical record prepared at the Fitzsimons General Hospital in Denver shows that the applicant suffered bilateral open humeral fractures secondary to a truck accident while driving in the Republic of Vietnam on 13 March 1969. On 1 August 1989 a medical evaluation board (MEB) indicated that he had various injuries, sustained in a truck accident while driving on 13 March 1969, and was medically unfit for further...
ARMY | BCMR | CY1997 | 9711240
APPLICANT STATES : That his brother and another soldier (now deceased) were members of a bazooka team during an action in the vicinity of the Remagen Bridge in Germany, for which the other soldier was awarded the Silver Star. The Board believes that this man is the soldier who was awarded the Silver Star, and that he acted alone. The Board notes, still and all, that the one soldier was awarded the Silver Star for this action, that the regimental commander corresponded twice with the widow...
ARMY | BCMR | CY1997 | 9711245
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 REQUESTS: In...
ARMY | BCMR | CY1997 | 9711247
On 8 March 1989 the applicant enlisted in the Regular Army for four years. The board made a recommended finding that his retirement (discharge) is based on disability from injury or disease in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurring in line of duty during a period of war as defined by law; and the disability did result from a combat related injury as defined by law. The applicant was discharged at Fort Lewis, Washington, on...
ARMY | BCMR | CY1997 | 9711253
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 his 201 file did not correctly capture his Vietnam era service and that his record does not include the reasons for his AWOL. On 4 September 1975 the applicant applied to the Army Discharge Review Board (ADRB)for upgrade of his discharge and was denied.
ARMY | BCMR | CY1997 | 9711254
The applicant requests that she be transferred to the retired reserve. She states that she has received orders discharging her from the USAR and would like to have those orders amended to transfer her to the retired reserve. GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY1997 | 9711255
APPLICANT REQUESTS : That his military records be corrected to show that he was awarded the Purple Heart. The missing VA medical report he refers to would probably have little or no impact on determining his eligibility for the Purple Heart. The time for the applicant to file a request for correction of any error or injustice expired on 1 October 1956.
ARMY | BCMR | CY1997 | 9711258
APPLICANT REQUESTS : That his military records be changed to reflect that when he retired in May 1976, he was awarded the Meritorious Service Medal (MSM), instead of the Army Commendation Medal (first oak leaf cluster). On 11 August 1976 his commander submitted a DA Form 638 which recommended that the applicant receive the MSM for “exceptionally meritorious service” during his final assignment. The applicant has provided a satisfactory explanation why he did not submit a request for...
ARMY | BCMR | CY1997 | 9711258A
APPLICANT STATES : In effect, he was originally recommended for award of the Meritorious Service Medal but an “injustice” occurred when the award was downgraded to an Army Commendation Medal. Army Regulation 15-185, paragraph 10c provides, in pertinent part, that reconsideration of a Board decision will be made when additional evidence or other matter including, but not limited to factual allegations or arguments, that were not previously available to the Board has been submitted. The...
ARMY | BCMR | CY1997 | 9711266
The Board considered the following evidence: That opinion noted that the applicant was married with children on the date of his retirement even though he may have been in the process of a divorce at that time. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion it is concluded:
ARMY | BCMR | CY1997 | 9711267
He returned to the United States in March, 1991, and served at Ft. Leonard Wood, Missouri, until his retirement in August, 1995. The applicant’s service in Saudi Arabia, therefore, did not coincide with either of the two periods of time for which the Armed Forces Expeditionary Medal is authorized. The applicant has failed to submit evidence that would satisfy this requirement.
ARMY | BCMR | CY1997 | 9711270
APPLICANT REQUESTS : Correction of his military records to show that he was inducted on 23 March 1970 instead of 17 March 1971. He states he was drafted “from Fort Hamilton in Brooklyn, New York and from there sent to Fort Dix, New Jersey were [he] started [his] basic training.” 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 applicant has...
ARMY | BCMR | CY1997 | 9711273
APPLICANT REQUESTS : That he be awarded the Purple Heart. EVIDENCE OF RECORD : The applicant’s military records show:He enlisted in the Regular Army on 9 August 1970. There is no evidence in the applicant’s medical records that he was ever treated for a wound while assigned to Vietnam.
ARMY | BCMR | CY1997 | 9711274
DD Form 41, Record of Emergency Date, dated 7 October 1992, shows the FSM as divorced, the two youngest children as residing with their mother. The applicant is listed as the FSM’s spouse. The opinion noted that, based upon lack of evidence that the FSM intended to deny his former spouse the benefit, and considering the nature of his relationship with his former spouse until his death as attested to by statements from the applicant and the FSM’s children, it is reasonable to change the...
ARMY | BCMR | CY1997 | 9711275
APPLICANT STATES : That he had sufficient college credits to be enlisted in pay grade E-2. In support of his application he submits a copy of his college transcript showing that he had completed 30 semester hours prior to his enlistment. The applicant did not provide a transcript showing that he had the necessary college credits to be enlisted in pay grade E-2 when he enlisted in either the DEP or in the Regular Army.
ARMY | BCMR | CY1997 | 9711284
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 | 9711291
The record also contains documented evidence that on 1 November 1974 the applicant voluntarily requested discharge for the good of the service under the provisions of chapter 10 of AR 635-200 and acknowledged that he was guilty of the charges against him. On 28 April 1975 the appropriate authority approved the applicant's request for discharge and directed issuance of a UD. The applicant’s contention that he was coerced by superior officers to leave the military is not supported by either...
ARMY | BCMR | CY1997 | 9711293
The applicant requests that she be granted a Survivor Benefit Plan (SBP) annuity. On 26 April 1990, the FSM and the applicant divorced. The evidence of record shows the FSM elected “spouse only” SBP coverage upon his eligibility for retirement.
ARMY | BCMR | CY1997 | 9711296
Therefore, he is not entitled to correction of his military records to show award of the Purple Heart. Therefore, he is entitled to correction of his military records to show this award. The applicant was awarded the POW Medal; therefore, he is entitled to this award.
ARMY | BCMR | CY1997 | 9711298
He chose the hard labor, but was reduced to private first class anyway. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:1. He states that he put on a show on Friday and has submitted documentation which shows that a show was given in a South Carolina town that day.
ARMY | BCMR | CY1997 | 9711302
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 | 9711304
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. APPLICANT REQUESTS: A military enlistment bonus. He was advised at the time that although he received an upgrade from UD to Honorable on 6 June 1980 that does...
ARMY | BCMR | CY1997 | 9711309
APPLICANT REQUESTS : In effect, that his service in the Philippine Scouts be validated as service in the Army of the United States (AUS). APPLICANT STATES : That he served during World War II in the Philippine Scouts in an AUS status. The applicant served in the Philippine Commonwealth Army as a Philippine Scout, not in the AUS.
ARMY | BCMR | CY1997 | 9711325
APPLICANT REQUESTS : In effect, that his discharge be changed to a medical discharge. He submits no evidence except to say the evidence is in his medical records. The opinion notes that there is no evidence in the applicant’s medical record that a medical condition existed that precluded the applicant from being able to complete his tour of service.
ARMY | BCMR | CY1997 | 9711336
Public Law 95-397, the RCSBP, enacted 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. The Retirement Services Office recommended that the applicant’s request be approved, retroactive to 14 November 1995, the date the FSM would have reached age 60. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY1997 | 9711337
On 23 August 1995, an informal Physical Evaluation Board (PEB) found the applicant unfit by reason of asthma at 10 percent disability and migraines at 10 percent disability and recommended separation with 20 percent disability severance pay. The VA, however, is not required by law to determine medical unfitness for further military service. Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at...
ARMY | BCMR | CY1997 | 9711345
The applicant requests correction of military records as stated in the application to the Board and as restated herein. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded: An award of a VA rating does not establish entitlement to medical retirement or separation from the Army.
ARMY | BCMR | CY1997 | 9711356
APPLICANT REQUESTS : That his uncharacterized discharge be changed to a medical discharge. He completed basic training. If he should fail to heal and his condition became chronic, he would then qualify for a physical evaluation board; or, administratively separate him under Chapter 11, Army Regulation 635-200.
ARMY | BCMR | CY1997 | 9711370
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 | 9711388
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 | 9711389
APPLICANT REQUESTS : Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment. EVIDENCE OF RECORD : The applicant’s military records show: She was born on 22 November 1961.
ARMY | BCMR | CY1997 | 9711409
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...