ARMY | BCMR | CY1997 | 9707477C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to honorable for convenience of the government. There is no indication in the record that the applicant was ever diagnosed with a mental illness by medical authorities; in addition, the applicant never raised mental illness as an issue...
ARMY | BCMR | CY1997 | 9707478
On 4 April 1977, the applicant’s company commander initiated separation proceedings under Army Regulation 635-200, Chapter 13 for unsuitability. On 22 April 1977, the appropriate authority approved the discharge action and directed issuance of a General Discharge Certificate. 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 | 9707478C070209
APPLICANT REQUESTS: The applicant requests that his general under honorable conditions discharge be upgraded to an honorable discharge. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so. The 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 | 9707480
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 | 9707480C070209
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. The evidence of record clearly shows the applicant was fully advised, by counsel, of the negative aspects of accepting a UD and still persisted in voluntarily requesting discharge. The evidence of record documents that the applicant...
ARMY | BCMR | CY1997 | 9707485
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 good of the service in lieu of trial by court martial. The reason for and the character of the discharge are commensurate with the applicant's overall record of...
ARMY | BCMR | CY1997 | 9707485C070209
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 Board considered all the evidence of record and concluded the applicant's claim that he was not aware of the consequences of his actions is not supported by the...
ARMY | BCMR | CY1997 | 9707486
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. Accordingly, he was discharged under other than honorable conditions on 29 October 1974 under the provisions of Army Regulation 635-200, chapter 10, for the...
ARMY | BCMR | CY1997 | 9707486C070209
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 | 9707495
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 | 9707495C070209
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 a general/under honorable conditions discharge (GD). The evidence of record and the independent evidence submitted by the applicant does not support the applicants contention that he was erroneously charged with AWOL periods. ...
ARMY | BCMR | CY1997 | 9707509
He received counsel and acknowledged he understood he may be discharged under conditions other than honorable and furnished an Undesirable Discharge Certificate. Accordingly, he was discharged under other than honorable conditions on 8 November 1973 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for...
ARMY | BCMR | CY1997 | 9707509C070209
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to honorable. He received counsel and acknowledged he understood he may be discharged under conditions other than honorable and furnished an Undesirable Discharge Certificate. 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 | 9707523
The applicant’s record is free of any record of disciplinary problems prior to beginning his last period of service on 17 September 1968 at which time he had completed 6 years, 4 months, and 7 days of honorable service. On 3 December 1980 the Army Discharge Review Board (ADRB) reviewed the applicant's records and denied an upgrade of his discharge. In view of the foregoing findings and conclusions, and in recognition of his previous years of good service, it would be appropriate and proper...
ARMY | BCMR | CY1997 | 9707523C070209
The applicants record is free of any record of disciplinary problems prior to beginning his last period of service on 17 September 1968 at which time he had completed 6 years, 4 months, and 7 days of honorable service. The Board concurs with the findings and conclusions of the ADRB and presumes that the applicant's administrative separation was accomplished in compliance with applicable regulations. In view of the foregoing findings and conclusions, and in recognition of his previous...
ARMY | BCMR | CY1997 | 9707536
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 | 9707536C070209
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 | 9707674
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 | 9707674C070209
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. His appeal of the findings...
ARMY | BCMR | CY1997 | 9707681
The applicant requests correction of military records as stated in the application to the Board and as restated herein. During the counseling, his senior NCO stated that the applicant had been counseled a number of times in the past for missing formation and for not being at his appointed place of duty. The CO noted that the applicant had no potential to become a productive soldier and recommended separation under the Expeditious Discharge Program (EDP) if the request for conscientious...
ARMY | BCMR | CY1997 | 9707681C070209
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 | 9707687
Accordingly, she received an honorable discharge, in pay grade E-5, on 8 July 1996 under the provisions of Army Regulation 635-200, Chapter 9 - alcohol rehabilitation failure. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. by voiding the ADRB-corrected discharge which was issued to the applicant on 9 April 1997 and by showing that she continued to serve on active duty until 18 November 1997, when she was separated from the service with...
ARMY | BCMR | CY1997 | 9707687C070209
Accordingly, she received an honorable discharge, in pay grade E-5, on 8 July 1996 under the provisions of Army Regulation 635-200, Chapter 9 - alcohol rehabilitation failure. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. That all of the Department of the Army records related to this case be corrected: a. by voiding the ADRB-corrected discharge which was issued to the applicant on 9 April 1997 and by showing that she continued to serve on...
ARMY | BCMR | CY1997 | 9707709
On 26 September 1991, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 5-31, Personality Disorder. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. There is no basis for removal of the RE code from the applicant’s record.
ARMY | BCMR | CY1997 | 9707709C070209
On 26 September 1991, the applicants commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 5-31, Personality Disorder. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. There is no basis for removal of the RE code from the applicants record.
ARMY | BCMR | CY1997 | 9707714
The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 8 April 1998. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. a. that a nonprejudicial explanation will be placed in the OMPF of the individual concerned to show that any gap in his NCOER’s from the date of his last report on active duty to the date of his return...
ARMY | BCMR | CY1997 | 9707714C070209
Subsequent to approval of the proceedings in this case, it was determined that the applicants records should also be corrected to account for the nonrated time from the date of his last NCOER, while on active duty, to the date the Board returned him to active duty (April 1996 through September 1998). Army Regulation 15-185, Army Board for Correction of Military Records, paragraph 21e, provides, that the application for correction of military record, supporting documents, proceedings of the...
ARMY | BCMR | CY1997 | 9707718
On 8 March 1970 he was discharged to reenlist on 9 March 1970 for 6 years. He acknowledged he understood he may be discharged under other than honorable conditions and furnished a UD Certificate. Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.
ARMY | BCMR | CY1997 | 9707718C070209
He requested and received approval for discharge for the good of the service to avoid trial by court-martial. 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 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The time for the applicant to file a request for correction of any...
ARMY | BCMR | CY1997 | 9707734
On 26 October 1981, the applicant was placed on excess leave pending his discharge. On 18 December 1981, the applicant was discharged, with a UOTHC discharge, in pay grade E-1 under the provisions of Army Regulation 635-200, Chapter 14 for misconduct - AWOL. The applicant also was negligent in not reporting to or at least contacting an Army installation, preferably Fort Lewis, WA where his problems originated, to query his duty status.
ARMY | BCMR | CY1997 | 9707734C070209
On 18 December 1981, the applicant was discharged, with a UOTHC discharge, in pay grade E-1 under the provisions of Army Regulation 635-200, Chapter 14 for misconduct - AWOL. The applicant also was negligent in not reporting to or at least contacting an Army installation, preferably Fort Lewis, WA where his problems originated, to query his duty status. In view of the foregoing, it would be just to correct the applicants records as recommended below.
ARMY | BCMR | CY1997 | 9707768
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 | 9707768C070209
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AC97-07768 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...
ARMY | BCMR | CY1997 | 9707775
On 5 April 1995, the applicant was discharged, under the provisions of Army Regulation 635-200, Chapter 4, completion of required active service, in pay grade E-3 with a reentry code of Re-3. Even when the U.S. Court of Military Review reduced the charge to wrongfully carrying a concealed weapon, it still affirmed a sentence that included a reduction to pay grade E-1. Even though the applicant was restored to duty and he concluded his service honorably, a reentry code of RE-3 is proper for...
ARMY | BCMR | CY1997 | 9707775C070209
On 5 April 1995, the applicant was discharged, under the provisions of Army Regulation 635-200, Chapter 4, completion of required active service, in pay grade E-3 with a reentry code of Re-3. Even when the U.S. Court of Military Review reduced the charge to wrongfully carrying a concealed weapon, it still affirmed a sentence that included a reduction to pay grade E-1. Even though the applicant was restored to duty and he concluded his service honorably, a reentry code of RE-3 is proper for...
ARMY | BCMR | CY1997 | 9707804
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. Chapter 14 establishes...
ARMY | BCMR | CY1997 | 9707804C070209
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 1 December 1978 the...
ARMY | BCMR | CY1997 | 9707859
On 4 February 1975, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failure to repair.On 24 September 1975, the applicant accepted NJP under Article 15, UCMJ for failure to repair. On 30 July 1976, the appropriate authority approved the request and directed the applicant receive a discharge under other than honorable conditions. On 12 August 1976, he was discharged, in pay grade E-1, under the provisions of Army Regulation...
ARMY | BCMR | CY1997 | 9707859C070209
He states, in effect, that he received the Soldiers Medal and let it go to his head. On 12 August 1976, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10 with a discharge under other than honorable conditions. 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 | 9707861
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 29 July 1998 DOCKET NUMBER: AC97-07861 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...
ARMY | BCMR | CY1997 | 9707861C070209
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 | 9707868
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 | 9707868C070209
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 applicants...
ARMY | BCMR | CY1997 | 9707921
On 29 July 1958 the applicant’s commander recommended that a board of officers be convened to determine whether the applicant should be separated for Unsuitability or Unfitness. However, it is apparent that the applicant was alcoholic, and his alcoholic behavior was the basis for his discharge. As such, the Board considers his Undesirable Discharge too harsh, especially in consideration of his combat service, his wound and his POW status.
ARMY | BCMR | CY1997 | 9707921C070209
The board of officers recommended that the applicant be issued an Undesirable Discharge Certificate due to Unfitness under the provisions of Army Regulation 635-208. However, it is apparent that the applicant was alcoholic, and his alcoholic behavior was the basis for his discharge. As such, the Board considers his Undesirable Discharge too harsh, especially in consideration of his combat service, his wound and his POW status.
ARMY | BCMR | CY1997 | 9707928
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 | 9707928C070209
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 general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). The Defense Discharge Review Standards specifically state...
ARMY | BCMR | CY1997 | 9707948
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s record does contain a history of disciplinary infractions which included acceptance of nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ, on four separate occasions. Accordingly, on 7 February 1985 the applicant was discharged after completing 3 years, 8 months, and 26 days of active military service.
ARMY | BCMR | CY1997 | 9707948C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, on 7 February 1985 the applicant was discharged after completing 3 years, 8 months, and 26 days of active military service. The reason for and the character of the discharge are commensurate with the applicant's overall record of military service.
ARMY | BCMR | CY1997 | 9707951
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...