ARMY | BCMR | CY1997 | 9707032C070209
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to honorable. EVIDENCE OF RECORD: The applicant's military records show: He entered the Regular Army on 25 February 1970 for a period of 3 years. Accordingly, on 25 July 1971 the applicant was discharged after completing 1 year, 4 months, and 27 days of active military service.
ARMY | BCMR | CY1997 | 9707034
Although specific medical records are not available the applicant’s unit commander, in his recommendation for the applicant’s discharge, cites the applicant’s character and behavior disorders as the reason for the action. 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 United States,...
ARMY | BCMR | CY1997 | 9707034C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Although specific medical records are not available the applicants unit commander, in his recommendation for the applicants discharge, cites the applicants character and behavior disorders as the reason for the action. The unit commander determined the applicant, after psychiatric and psychological counseling, improved sufficiently to be processed for elimination,...
ARMY | BCMR | CY1997 | 9707036
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 SBP be changed to “spouse and child” request be approved, retroactive to 13 September 1994, the date of the applicant’s divorce and that if any SBP cost refund has been paid to...
ARMY | BCMR | CY1997 | 9707036C070209
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 applicants SBP be changed to spouse and child request be approved, retroactive to 13 September 1994, the date of the applicants divorce and that if any SBP cost refund has been paid to...
ARMY | BCMR | CY1997 | 9707056
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 | 9707056C070209
The Board, established pursuant to authority contained in 10 U.S.C. 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...
ARMY | BCMR | CY1997 | 9707073
On 3 June 1980 the applicant’s commander initiated action to separate the applicant from the service under the provisions of AR 635-200, chapter 14, for misconduct. The applicant did not petition the Discharge Review Board for a discharge upgrade within 15 years of his separation. 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...
ARMY | BCMR | CY1997 | 9707073C070209
APPLICANT REQUESTS: In effect, that his discharge under other than honorable conditions (UOTHC) be upgraded to honorable. On 3 June 1980 the applicants commander initiated action to separate the applicant from the service under the provisions of AR 635-200, chapter 14, for misconduct. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
ARMY | BCMR | CY1997 | 9707118
The commander indicated the recommendation was based on the applicant’s record of AWOL and two convictions by special court-martial. Accordingly, on 28 March 1968 the applicant was discharged after completing 6 months, 28 days of military service, and accruing 289 days of lost time. The evidence of record is void of any attempt by either medical personnel or the chain of command to provide even the most rudimentary rape counseling to help the applicant through what must have been a most...
ARMY | BCMR | CY1997 | 9707118C070209
The commander indicated the recommendation was based on the applicants record of AWOL and two convictions by special court-martial. Accordingly, on 28 March 1968 the applicant was discharged after completing 6 months, 28 days of military service, and accruing 289 days of lost time. This conclusion is based on her attempt to use the chain of command to pursue leaving the service prior to her going AWOL.
ARMY | BCMR | CY1997 | 9707137
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 | 9707137C070209
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 6 May 1998 DOCKET NUMBER: AC97-07137 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 | 9707141
On 3 April 1972, 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 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. DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injusticeNOTE:...
ARMY | BCMR | CY1997 | 9707141C070209
APPLICANT STATES: In effect, that his discharge was inequitable because it was based upon one isolated incident in 28 months of service. On 3 April 1972, 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 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.
ARMY | BCMR | CY1997 | 9707173
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 requests correction of military records as stated in the application to the Board and as restated herein. The appropriate authority approved the...
ARMY | BCMR | CY1997 | 9707173C070209
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 requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, the applicant was...
ARMY | BCMR | CY1997 | 9707182
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 | 9707182C070209
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 13 May 1998 DOCKET NUMBER: AC97-07182 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 | 9707185
The applicant first submitted a request to the Department of the Army Survivor Benefit Plan (SBP) board to change his RSFPP election from “child only” to ”spouse only.” This was denied since there was no evidence of government error. At this time, that board realized that RSFPP deductions for his child were being erroneously withheld since the law in effect when he retired stated that “when there is no eligible beneficiary remaining to benefit from the option elected, the member’s retired...
ARMY | BCMR | CY1997 | 9707185C070209
The applicant first submitted a request to the Department of the Army Survivor Benefit Plan (SBP) board to change his RSFPP election from child only to spouse only. This was denied since there was no evidence of government error. At this time, that board realized that RSFPP deductions for his child were being erroneously withheld since the law in effect when he retired stated that when there is no eligible beneficiary remaining to benefit from the option elected, the members retired...
ARMY | BCMR | CY1997 | 9707199
The applicant requests correction of his discharge document to show “9th Infantry Division” instead of “Btry A 60th FA Bn” [Battery A 60th Field Artillery Battalion], credit for the Ardennes and Central Europe Campaigns, award of the Distinguished Unit Citation, and correction of his place of birth. However, evidence of record shows the applicant was assigned to and served with Battery A 60th Field Artillery Battalion; therefore, item 6 of the applicant’s WD AGO Form 53-55 is correct as...
ARMY | BCMR | CY1997 | 9707199C070209
The applicant requests correction of his discharge document to show 9th Infantry Division instead of Btry A 60th FA Bn [Battery A 60th Field Artillery Battalion], credit for the Ardennes and Central Europe Campaigns, award of the Distinguished Unit Citation, and correction of his place of birth. However, evidence of record shows the applicant was assigned to and served with Battery A 60th Field Artillery Battalion; therefore, item 6 of the applicants WD AGO Form 53-55 is correct as...
ARMY | BCMR | CY1997 | 9707241
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. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. DETERMINATION : The subject application was not submitted within the time required.
ARMY | BCMR | CY1997 | 9707241C070209
On 8 November 1992 she was honorably discharged prior to her Expiration Term of Service (ETS), under the authority of Army Regulation 635-200, paragraph 16-5, based on this request and stated inability to overcome the unit imposed bar to reenlistment. 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. RE-4 indicates that an individual was separated from...
ARMY | BCMR | CY1997 | 9707261
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 commander cited as his...
ARMY | BCMR | CY1997 | 9707261C070209
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 | 9707268
: The applicant's available military records show:He enlisted in the Regular Army on 28 February 1968 and then was separated under conditions other than honorable on 28 January 1971. His records show that he was discharged on 28 January 1971 under other than honorable conditions under the provisions of AR 635-200, chapter 10, for the good of the service and was issued and Undesirable Discharge Certificate. Although an honorable or general discharge is authorized, a discharge under other...
ARMY | BCMR | CY1997 | 9707268C070209
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded to a honorable discharge. PURPOSE: To determine whether the application was submitted within the time limit established by law, and also to determine the error or injustice as stated by the applicant is substantial, and if not, whether it is in the interest of justice to excuse the injustice and/or the failure to timely file. EVIDENCE OF RECORD: The applicant's available military records show: He...
ARMY | BCMR | CY1997 | 9707398
Member The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s military records show that he enlisted in the Army on 18 November 1981 for 3 years. On 12 October 1993 the applicant was convicted by a summary court-martial of reckless driving and violation of two general regulations, i.e, consuming alcohol within 6 hours of a vehicle accident and failing to immediately notify military or civilian police of an accident.
ARMY | BCMR | CY1997 | 9707398C070209
Member The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 12 October 1993 the applicant was convicted by a summary court-martial of reckless driving and violation of two general regulations, i.e, consuming alcohol within 6 hours of a vehicle accident and failing to immediately notify military or civilian police of an accident. ________SIGNED________ CHAIRPERSON SFMR-RBR S: 22 March 1999 15 January 1999 MEMORANDUM FOR...
ARMY | BCMR | CY1997 | 9707405
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 | 9707405C070209
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 | 9707414
His record contains documentation of only one award, the National Defense Service Medal. On 10 May 1967 the appropriate authority approved the elimination action; however, he suspended the elimination for six months and indicated that unless vacated sooner the action would be canceled at the end of the suspended period. On 12 June 1967 the applicant accepted an NJP for another violation of Article 86 (i.e., AWOL for the period 28 May through 6 June 1967).
ARMY | BCMR | CY1997 | 9707414C070209
EVIDENCE OF RECORD: The applicant's military records show: On 27 September 1966 he enlisted in the Regular Army for a period of 3 years at age 17. On 12 June 1967 the applicant accepted an NJP for another violation of Article 86 (i.e., AWOL for the period 28 May through 6 June 1967). Additionally, the Board found no evidence of record to support the applicants contention that his personal problems impaired his ability to serve sufficiently to warrant an upgrade of his discharge.
ARMY | BCMR | CY1997 | 9707416
The record also contains documented evidence that on 21 March 1972 the applicant voluntarily requested discharge for the good of the service, under the provisions of Chapter 10 of AR 635-200. On 21 June 1972 the appropriate authority approved the applicant's request for discharge and directed issuance of a UD. Accordingly, on 30 June 1972 the applicant was discharged after completing 2 years, 3 months, and 14 days of active military, and accruing 182 days of time lost due to AWOL.
ARMY | BCMR | CY1997 | 9707416C070209
APPLICANT STATES: In effect, that at the time of his discharge the only offer made to him was to get locked up for 6 months or a UD. On 26 March 1971 the applicant was tried by special court-martial for violation of Article 86 (AWOL between 4 January and 8 February 1971). The record also contains documented evidence that on 21 March 1972 the applicant voluntarily requested discharge for the good of the service, under the provisions of Chapter 10 of AR 635-200.
ARMY | BCMR | CY1997 | 9707418
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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 preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. The applicant was charged with the commission of...
ARMY | BCMR | CY1997 | 9707418C070209
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 general discharge/under honorable conditions (GD). The record also contains documented evidence that on 5 January 1972 the applicant voluntarily requested discharge for the good of the service, under the provisions of Chapter 10 of...
ARMY | BCMR | CY1997 | 9707423
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 9 January 1997, the Physical Disability Branch, U. S. Total Army Personnel Command, approved the PEB findings that he was physically fit for active military service. His EERs immediately preceding that period and the one received after that date all rated his duty performance as “outstanding” or “excellent.” The rater on the last EER did comment that the applicant had...
ARMY | BCMR | CY1997 | 9707423C070209
On 9 January 1997, the Physical Disability Branch, U. S. Total Army Personnel Command, approved the PEB findings that he was physically fit for active military service. Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. His EERs immediately preceding that period and the one received after that date all rated his duty performance as outstanding or excellent. The rater on the...
ARMY | BCMR | CY1997 | 9707428
EVIDENCE OF RECORD : The applicant's military records show:While a major serving on active duty as an assistant staff judge advocate of the XVIII Airborne Corps, Fort Bragg, North Carolina, the applicant was given a change of rater OER for the period covering 1 November 1990 to 22 April 1991. In the senior rater’s profile, the applicant was placed in the second block of a 3-3 profile, a rating which is considered the bottom half of a dual center of mass profile. DISCUSSION : Considering...
ARMY | BCMR | CY1997 | 9707428C070209
He had completed three more OERs a week after he signed the applicants report and placed those officers in his top block, those officers being far more senior and experienced than [the applicant]. He directed that those three OERs be held for a month to insure that the applicants OER was recorded first so that his placement would be in the center of mass of his profile. The applicants rater stated in that report that the applicant had been promoted to major during that rating period....
ARMY | BCMR | CY1997 | 9707443
The Board considered the following evidence: On 1 October 1975, the applicant accepted NJP under Article 15, UCMJ for wrongfully possessing marijuana. On 11 January 1977, the applicant was discharged, with a discharge UOTHC, in pay grade E-1 for the good of the service.
ARMY | BCMR | CY1997 | 9707443C070209
On 1 October 1975, the applicant accepted NJP under Article 15, UCMJ for wrongfully possessing marijuana. On 11 January 1977, the applicant was discharged, with a discharge UOTHC, in pay grade E-1 for the good of the service. 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...
ARMY | BCMR | CY1997 | 9707458
The applicant requests correction of military records as stated in the application to the Board and as restated herein. That without the additional military medical information requested, nor further medical advisory was warranted. Further, his enlistment in the Army Reserve on 30 September 1992, one day after his separation, directly contradicts his contention that he believes that he was physically unfit for further military service at the time of separation from active duty.
ARMY | BCMR | CY1997 | 9707458C070209
Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade or rating because of disability incurred while entitled to basic pay. That without the additional military medical information requested, nor further medical advisory was warranted. An award of a VA rating does not establish entitlement to medical retirement or separation from the Army.
ARMY | BCMR | CY1997 | 9707462A
The applicant requests, in effect, that she be granted a terminal leave promotion from First Lieutenant to Captain and her report of separation be corrected accordingly. On 29 April 1946, the applicant was notified that she apparently had been eligible for promotion upon separation from the Service in accordance with War Department Circular 10, dated 11 January 1946 but since she had not been promoted coincident with her relief from active duty, she could be promoted by The Adjutant General...
ARMY | BCMR | CY1997 | 9707462AC070209
The applicant requests, in effect, that she be granted a terminal leave promotion from First Lieutenant to Captain and her report of separation be corrected accordingly. On 29 April 1946, the applicant was notified that she apparently had been eligible for promotion upon separation from the Service in accordance with War Department Circular 10, dated 11 January 1946 but since she had not been promoted coincident with her relief from active duty, she could be promoted by The Adjutant General...
ARMY | BCMR | CY1997 | 9707477
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. EVIDENCE OF RECORD : The applicant's military records show: 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 preferred, submit a request for discharge for the...