ARMY | BCMR | CY1997 | 9706026
The Board considered the following evidence: Army Regulation 40-501 provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
ARMY | BCMR | CY1997 | 9706027
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. When his or her active...
ARMY | BCMR | CY1997 | 9706027C070209
When his or her active service (plus service on the retired list) totals 30 years, any retired warrant officer of the Army is entitled to be advanced on the retired list to the highest commissioned grade he or she served satisfactorily on active duty. The applicants retirement in pay grade W-2 was appropriate in accordance with applicable law and regulations, since that was the grade he held on the day before his date of retirement. BOARD VOTE: ________ ________ ________ GRANT ________...
ARMY | BCMR | CY1997 | 9706100
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 | 9706100C070209
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 | 9706108
A staff member of the Board contacted officials at the Office of Reserve Components Promotions to request further clarification regarding whether or not the applicant had in fact been informed that she was exempt from the requirement to complete CAS III for promotion to the rank of major. It appears, based on the information provided by the applicant which was further substantiated by officials at the PERSCOM, that the applicant was informed that she was not required to complete the CAS III...
ARMY | BCMR | CY1997 | 9706108C070209
It further opined that Army Regulation 135-155 requires commissioned officers to complete their educational requirements no later than the date a selection board convenes. A staff member of the Board contacted officials at the Office of Reserve Components Promotions to request further clarification regarding whether or not the applicant had in fact been informed that she was exempt from the requirement to complete CAS III for promotion to the rank of major. Although the Board finds that...
ARMY | BCMR | CY1997 | 9706194
The applicant’s enlistment contract and other legal documents shows that he completed 11 years of formal education. The applicant also alleges that he completed 12 years of formal education. The applicant’s enlistment contract and other legal documents shows that he only completed 11 years of formal education at the time of enlistment.
ARMY | BCMR | CY1997 | 9706194C070209
The evidence of record clearly shows that the applicants SSN is and not . The applicant also alleges that he completed 12 years of formal education. Therefore, in view of the foregoing, it would be appropriate to correct the record, but only as recommended below.
ARMY | BCMR | CY1997 | 9706226
On 2 February 1975, the applicant was discharged, with a discharge under other than honorable conditions, under the provisions of Presidential Proclamation 4313, in pay grade E-1. If they completed the alternate service satisfactorily, they would be entitled to receive a Clemency Discharge. The award of a Clemency Discharge could be considered by this Board, but the discharge per se did not require relief be granted.
ARMY | BCMR | CY1997 | 9706226C070209
On 2 February 1975, the applicant was discharged, with a discharge under other than honorable conditions, under the provisions of Presidential Proclamation 4313, in pay grade E-1. If they completed the alternate service satisfactorily, they would be entitled to receive a Clemency Discharge. The award of a Clemency Discharge could be considered by this Board, but the discharge per se did not require relief be granted.
ARMY | BCMR | CY1997 | 9706278
APPLICANT REQUESTS : Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. His awards included the Army Achievement Medal 1 They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.
ARMY | BCMR | CY1997 | 9706278C070209
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. The applicant was eligible for and requested reenlistment during the period of this Article 15 action. They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.
ARMY | BCMR | CY1997 | 9706301
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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. The applicant...
ARMY | BCMR | CY1997 | 9706301C070209
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 Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records...
ARMY | BCMR | CY1997 | 9706383
His approved sentence was reduction to paygrade E-1, forfeiture of all pay and allowances, confinement for 4 months, and a BCD. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. There is no evidence in the available records to demonstrate that the applicant was the victim of racial prejudice, the evidence does show the applicant to be a Caucasian male.
ARMY | BCMR | CY1997 | 9706383C070209
He enlisted in the Army on 1 November 1965 for three years. His approved sentence was reduction to paygrade E-1, forfeiture of all pay and allowances, confinement for 4 months, and a BCD. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.
ARMY | BCMR | CY1997 | 9706441
The investigating officer, in response to the applicant’s rebuttal of the findings of the LOD, made a statement to the effect that he had attempted to obtain additional evidence to include a statement from the driver of the 18-wheeler, and a copy of the original blood alcohol test results, to no avail; consequently, he (the investigating officer) decided to complete the LOD investigation. The applicant’s wife made a statement on 19 March 1997 supporting her husband, stated that the...
ARMY | BCMR | CY1997 | 9706441C070209
The investigating officer, in response to the applicants rebuttal of the findings of the LOD, made a statement to the effect that he had attempted to obtain additional evidence to include a statement from the driver of the 18-wheeler, and a copy of the original blood alcohol test results, to no avail; consequently, he (the investigating officer) decided to complete the LOD investigation. Appendix F, Rules Governing Line of Duty and Misconduct Determinations, provides specific rules of...
ARMY | BCMR | CY1997 | 9706468
The Board considered the following evidence: It states, in pertinent part, that Congress has provided compensation (no more than 60 days in a military career) for soldiers who were not able to use their leave because of military requirements prevented it. It states, in pertinent part, that service members shall forfeit all accrued leave at the time of discharge if the basis for their separation is in lieu of trial by court-martial.
ARMY | BCMR | CY1997 | 9706468C070209
EVIDENCE OF RECORD: The applicant's military records show: On 19 June 1990, while serving as an Medium Helicopter Repairman in Panama, in the pay grade of E-5, the applicant submitted a request for 15 days of ordinary leave from 1 July through 15 July 1990. It states, in pertinent part, that Congress has provided compensation (no more than 60 days in a military career) for soldiers who were not able to use their leave because of military requirements prevented it. It states, in pertinent...
ARMY | BCMR | CY1997 | 9706474
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. When an individual is...
ARMY | BCMR | CY1997 | 9706474C070209
APPLICANT STATES: In effect, that she would like the reason for her discharge changed in order to be entitled to education benefits; that she believes that in almost all pregnancy cases there is hardship involved and should be considered as such on an exception basis. EVIDENCE OF RECORD: The applicant's military records show: On 7 May 1991 the applicant entered the Regular Army for 3 years. The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge From...
ARMY | BCMR | CY1997 | 9706507
On 2 August 1988, the applicant completed a separation physical and was found qualified for separation. On 31 August 1988, the appropriate authority approved the request and directed the applicant receive a general discharge under honorable conditions. The applicant was discharged on 8 September 1988, in the pay grade E-1, under Army Regulation 635-200, Chapter 14, for misconduct - abuse of illegal drugs, and was given a general discharge under honorable conditions.
ARMY | BCMR | CY1997 | 9706507C070209
On 2 August 1988, the applicant completed a separation physical and was found qualified for separation. On 31 August 1988, the appropriate authority approved the request and directed the applicant receive a general discharge under honorable conditions. The applicant was discharged on 8 September 1988, in the pay grade E-1, under Army Regulation 635-200, Chapter 14, for misconduct - abuse of illegal drugs, and was given a general discharge under honorable conditions.
ARMY | BCMR | CY1997 | 9706529
On 18 January 1996, an informal PEB found the applicant physically unfit by reason of low back pain and recommended a disability rating of 20 percent and his separation with severance pay. Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that...
ARMY | BCMR | CY1997 | 9706529C070209
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 | 9706530
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 | 9706530C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 31 May 1972, he was removed from TDRL, and permanently retired with an effective date of 1 June 1972, in the pay grade of E-4. In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Commander, U.S. Army Reserve Personnel Center, Pay Certification Section, which recommended that the applicants request be denied, stating that the...
ARMY | BCMR | CY1997 | 9706542
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 7 March 1989, to show in section 10a that his retirement was based on disability which was the direct result of armed conflict or caused by an instrumentality of war and to show in section 10c that his disability was the result of a combat related injury as defined in 26...
ARMY | BCMR | CY1997 | 9706542C070209
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: Correction of his DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 7 March 1989, to show in section 10a that his retirement was based on disability which was...
ARMY | BCMR | CY1997 | 9706661
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 | 9706661C070209
Member Also present, without vote, were: Mr. Loren G. Harrell Director Analyst 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 hearing, recommend that the records be corrected without a formal hearing, or to deny the...
ARMY | BCMR | CY1997 | 9706667
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence that the applicant applied to the Army Discharge Review Board to have the narrative reason for discharge removed from her records. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time...
ARMY | BCMR | CY1997 | 9706667C070209
Member Also present, without vote, were: Analyst 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 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...
ARMY | BCMR | CY1997 | 9706793
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 | 9706793C070209
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 | 9706802
The applicant requests that the nonjudicial punishment (NJP) under Article 15, UCMJ that he received for shoplifting be removed from his record. Army Regulation 27-10 states that a soldier has the right to present his case, except in rare circumstances, in the presence of the imposing commander; to call witnesses; to request that he be accompanied by a spokesperson; to request an open hearing, and to examine the available evidence. In this case, while the applicant’s commander was...
ARMY | BCMR | CY1997 | 9706802C070209
Army Regulation 27-10 states that a soldier has the right to present his case, except in rare circumstances, in the presence of the imposing commander; to call witnesses; to request that he be accompanied by a spokesperson; to request an open hearing, and to examine the available evidence. They are not so strictly applied during nonjudicial proceedings, where the commander need only be convinced to his own satisfaction that the accused committed the charged offense. In this case, while the...
ARMY | BCMR | CY1997 | 9706825
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 | 9706825C070209
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). EVIDENCE OF RECORD: The applicant's military records show: On 7 November 1967 the applicant was inducted into the Army of the United States for 2 years at the age of 18. The applicant was found guilty of...
ARMY | BCMR | CY1997 | 9706827
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 | 9706827C070209
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 narrative reason for her discharge be changed from pregnancy to hardship. EVIDENCE OF RECORD: The applicant's military records show: On 2 December 1980 the applicant entered the Regular Army for 3 years at the age of 18. At the time of discharge the applicant was issued a...
ARMY | BCMR | CY1997 | 9706828
On 20 August 1976, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful order. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. On 8 March 1982, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to a general under honorable conditions discharge.
ARMY | BCMR | CY1997 | 9706828C070209
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. On 22 June 1977, the Army Retraining Brigade recommended the applicant be discharged under the provisions of Army Regulation 635-200, Chapter 13 for frequent acts of a discreditable nature with civil or military authorities. DISCUSSION: The alleged error or injustice was, or with reasonable diligence...
ARMY | BCMR | CY1997 | 9706918
EVIDENCE OF RECORD : The applicant’s military records show:After prior Army service, he reenlisted in the Regular Army on 23 September 1959. He stated that DA Message 282226Z May 70 was preceded by another letter authorizing local commands to promote all E-6s presently on local promotion lists to E-7 prior to DA taking over the promotions to this grade. The cited DA message was clear that local promotions to SFC were frozen effective 1 June 1970 so those soldiers on local lists could be...
ARMY | BCMR | CY1997 | 9706918C070209
EVIDENCE OF RECORD: The applicants military records show: After prior Army service, he reenlisted in the Regular Army on 23 September 1959. He stated that DA Message 282226Z May 70 was preceded by another letter authorizing local commands to promote all E-6s presently on local promotion lists to E-7 prior to DA taking over the promotions to this grade. The cited DA message was clear that local promotions to SFC were frozen effective 1 June 1970 so those soldiers on local lists could be...
ARMY | BCMR | CY1997 | 9707026
On 19 June 1975, he was discharged, in pay grade E-1, under the provisions of AR 635-200, Chapter 10, for the good of the service with a discharge UOTHC. A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was given a general discharge from...
ARMY | BCMR | CY1997 | 9707026C070209
On 19 June 1975, he was discharged, in pay grade E-1, under the provisions of AR 635-200, Chapter 10, for the good of the service with a discharge UOTHC. A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was given a general discharge from...
ARMY | BCMR | CY1997 | 9707032
On 4 March 1971 the applicant accepted his second NJP for AWOL between 27 February and 3 March 1971. Accordingly, on 25 July 1971 the applicant was discharged after completing 1 year, 4 months, and 27 days of active military service. : 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.