ARMY | BCMR | CY1997 | 9708876AC070209
He then appealed to the Army Board for Correction of Military Records (ABCMR) to move his GOMOR to the restricted microfiche and to be promoted to 06. Mr. Paxson agreed with the majority to move the GOMOR to the restricted microfiche but recommended that the applicant be referred to the next Colonel promotion selection board for reconsideration for promotion instead of immediate promotion. Based on his outstanding performance before and after the incident and his significant contributions...
ARMY | BCMR | CY1997 | 9708886
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant states that he was wounded in Vietnam on 19 December 1968 and was treated by medical personnel for his wounds. The applicant’s medical records clearly show that he was wounded in action by the enemy on 19 December 1968 while serving in Vietnam.
ARMY | BCMR | CY1997 | 9708886C070209
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 he was awarded the Purple Heart for shrapnel wounds he received in combat in Vietnam on 19 December 1968. The applicants medical records clearly show that he was wounded in action by the enemy on 19 December 1968 while serving in Vietnam.
ARMY | BCMR | CY1997 | 9708892
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 | 9708892C070209
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 | 9708894
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 | 9708894C070209
On 30 March 1970 while in Vietnam the applicant accepted a second NJP for sleeping in his bed while being absent from his guard post. The DD Form 214 documents that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. While the Board is empathetic with the applicants medical problems, the evidence of record shows the applicant was in good health at the time of his discharge, and he was aware of the...
ARMY | BCMR | CY1997 | 9708895
On 4 August 1990 the applicant willfully destroyed government property. On 12 May 1992 the applicant’s commander initiated action to separate the applicant from the service under the provisions of AR 635-200, Chapter 14 for misconduct and commission of a serious offense. The applicant applied to the Army Discharge Review Board and was denied his upgrade request on 25 June 1998 based on a records review.
ARMY | BCMR | CY1997 | 9708895C070209
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 applicants separation...
ARMY | BCMR | CY1997 | 9708909
Available records show the applicant was entitled to and awarded the following awards and decorations that are not shown on the DD Form 214 issued to him on 26 July 1991: The Meritorious Unit Commendation for the period 12 September 1990 through 8 April 1991. The Army Achievement Medal for the period 16 May 1989 through 8 July 1989 (3d award). GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY1997 | 9708909C070209
The applicant requests that his DD Form 214 (Report of Separation) for the period 29 July 1987 to 26 July 1991 be corrected to reflect all of his awards to include those from Desert Storm. Available records show the applicant was entitled to and awarded the following awards and decorations that are not shown on the DD Form 214 issued to him on 26 July 1991: The Meritorious Unit Commendation for the period 12 September 1990 through 8 April 1991. The Army Achievement Medal for the period 16...
ARMY | BCMR | CY1997 | 9708914
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 to include the applicant's age and maturity at the time of his service. The applicant was charged with the commission of an...
ARMY | BCMR | CY1997 | 9708914C070209
The applicant took this action after being fully advised by counsel of the following: the basis for the contemplated trail by court martial; the maximum permissible punishment under the UCMJ; and the possible effects of an undesirable discharge. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges are preferred, submit a request for...
ARMY | BCMR | CY1997 | 9708920
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 | 9708920C070209
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 | 9708930
He completed 11 years of formal education. On 14 December 1962, the applicant’s commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness. On 21 January 1963, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-208 for unfitness, with an undesirable discharge.
ARMY | BCMR | CY1997 | 9708930C070209
APPLICANT REQUESTS: That his undesirable discharge be upgraded to an honorable discharge, if possible. He completed 11 years of formal education. On 14 December 1962, the applicants commander recommended he be separated under the provisions of Army Regulation 635-208 for unfitness.
ARMY | BCMR | CY1997 | 9708936
The Board considered the following evidence: 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, while noting the applicant’s post service accomplishments, determined there was no evidence of record or...
ARMY | BCMR | CY1997 | 9708936C070209
At the time of his reenlistment the applicant had completed 2 years, 9 months, and 17 days of honorable 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 are preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. The discharge proceedings were conducted in accordance...
ARMY | BCMR | CY1997 | 9708967
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s service record indicates that the applicant was awarded the Silver Star award on 12 June 1971 by General Order #87.
ARMY | BCMR | CY1997 | 9708967C070209
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 discharge under other than honorable conditions be upgraded to a general discharge and that he be issued a citation for his Silver Star award. The applicants service record indicates that the applicant was awarded the Silver Star award on 12 June 1971 by General Order #87. ...
ARMY | BCMR | CY1997 | 9709044
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence in the applicant’s record which indicates that his SSN is in error. The applicant has submitted neither probative evidence nor a convincing argument in support of the request.
ARMY | BCMR | CY1997 | 9709044C070209
He completed 12 years of formal education. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. There is no evidence in the applicants record which indicates that his SSN is in error.
ARMY | BCMR | CY1997 | 9709046
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 was awarded the Purple Heart for shrapnel wounds he received in combat in Vietnam on 6 October 1971. The applicant’s medical records clearly show that he was wounded in action by the enemy on 6 October 1971 while serving in Vietnam.
ARMY | BCMR | CY1997 | 9709048
On 3 August 1992 an informal PEB convened and found the applicant unfit for the right foot/ankle diagnoses and rated his disability at 30 percent with placement on the Temporary Disability Retired List (TDRL). The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge. No medical evidence has been presented by the applicant to demonstrate an injustice in the medical treatment received in service.
ARMY | BCMR | CY1997 | 9709048C070209
On 3 August 1992 an informal PEB convened and found the applicant unfit for the right foot/ankle diagnoses and rated his disability at 30 percent with placement on the Temporary Disability Retired List (TDRL). The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge. No medical evidence has been presented by the applicant to demonstrate an injustice in the medical treatment received in service.
ARMY | BCMR | CY1997 | 9709051
His DD Form 214 erroneously shows he had 2 years and 18 days of creditable active service, with no days lost. The VA, however, is not required by law to determine medical unfitness for further military service. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.
ARMY | BCMR | CY1997 | 9709051C070209
Fort Sill explained his case to the Department of the Army Separations and Appeals Branch. His DD Form 214 erroneously shows he had 2 years and 18 days of creditable active service, with no days lost. The VA, however, is not required by law to determine medical unfitness for further military service.
ARMY | BCMR | CY1997 | 9709063
He notified ARPERCEN of the error, however, orders were not issued until 14 May 1993 which reflected a PED of 20 June 1992 and an effective date of promotion of 17 February 1993. The evidence of record confirms that the applicant was promoted to major on 20 June 1992. The applicant’s promotion eligibility date was 20 June 1992, his effective date of promotion was 20 June 1992 and that he should be paid as a major after 20 June 1992.
ARMY | BCMR | CY1997 | 9709063C070209
That the effective date of his reserve promotion be changed from 17 February 1993 to 20 June 1992 and that he be given the pay difference between a captain and a major from 20 June 1992 to 17 February 1993. He notified ARPERCEN of the error, however, orders were not issued until 14 May 1993 which reflected a PED of 20 June 1992 and an effective date of promotion of 17 February 1993. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY1997 | 9709066
He enlisted in the Regular Army on 26 October 1981 for a period of 3 years and entered active duty on the same date. It further opined that the MEB and PEB findings were correct, supported by substantial evidence, were not in violation of any law or regulation, and that there is no basis for changing the applicant’s military records. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and...
ARMY | BCMR | CY1997 | 9709066C070209
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 Medical Evaluation Board (MEB) be changed to reflect that his current psychiatric condition did not exist prior to his entry in the service. He enlisted in the Regular Army on 26 October 1981 for a period of 3 years and entered active duty on the same date. It further...
ARMY | BCMR | CY1997 | 9709087
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. APPLICANT REQUESTS: That his records be corrected by upgrading his discharge to honorable. The applicant has not presented and the records do not contain...
ARMY | BCMR | CY1997 | 9709091
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be changed to show that he received the Bronze Star Medal (BSM), three awards of the Purple Heart Medal; and that his social security number (SSN), service number (SN), and home of record (HOR) on that form be corrected (NOTE: His SSN, SN, and HOR have been administratively corrected). This form does not show any unit awards, nor campaign and service medals for his duty in Vietnam. The applicant is entitled to...
ARMY | BCMR | CY1997 | 9709091C070209
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be changed to show that he received the Bronze Star Medal (BSM), three awards of the Purple Heart Medal; and that his social security number (SSN), service number (SN), and home of record (HOR) on that form be corrected (NOTE: His SSN, SN, and HOR have been administratively corrected). This form does not show any unit awards, nor campaign and service medals for his duty in Vietnam. The applicant is entitled to...
ARMY | BCMR | CY1997 | 9709107
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 | 9709107C070209
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 10 November 1998 DOCKET NUMBER: AC97-09107 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...
ARMY | BCMR | CY1997 | 9709119
APPLICANT REQUESTS : In effect, reinstatement on active duty so he can become eligible for an early retirement and that his Special Separation Benefits (SSB) payment be designated as an overpayment to be pro-rated and reimbursed over the next 20 years. APPLICANT STATES : Several briefings he received advised that one of the reasons for considering the SSB over retirement was the highly likely passing of a National Health Care bill. DISCUSSION : Considering all the evidence, allegations,...
ARMY | BCMR | CY1997 | 9709119C070209
APPLICANT REQUESTS: In effect, reinstatement on active duty so he can become eligible for an early retirement and that his Special Separation Benefits (SSB) payment be designated as an overpayment to be pro-rated and reimbursed over the next 20 years. APPLICANT STATES: Several briefings he received advised that one of the reasons for considering the SSB over retirement was the highly likely passing of a National Health Care bill. DISCUSSION: Considering all the evidence, allegations, and...
ARMY | BCMR | CY1997 | 9709127
APPLICANT REQUESTS : In effect, that his DD Form 214 be corrected to show that he was separated due to Reduction in Force, not Qualitative Retention Program; that his reentry code be changed to “1;” and that he either be reinstated, granted a 15-year retirement, or granted full, rather than half, separation pay. On 15 January 1992, the applicant received a Department of the Army (DA) Imposed Bar to Reenlistment under the Qualitative Management Program (QMP). Soldiers whose continued...
ARMY | BCMR | CY1997 | 9709127C070209
APPLICANT REQUESTS: In effect, that his DD Form 214 be corrected to show that he was separated due to Reduction in Force, not Qualitative Retention Program; that his reentry code be changed to 1; and that he either be reinstated, granted a 15-year retirement, or granted full, rather than half, separation pay. He reenlisted on 9 October 1979 and had continuous active service until his discharge. On 22 January 1993, the applicant was discharged, in pay grade E-6, under the provisions of...
ARMY | BCMR | CY1997 | 9709252
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: That...
ARMY | BCMR | CY1997 | 9709252C070209
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 | 9709262
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 | 9709262C070209
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 | 9709294
APPLICANT REQUESTS : That his military records be corrected to show that he was enlisted for duty on 26 December 1940 from the Philippine Islands. 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. Since the Correction Board was established on 2 January 1947, the time for the applicant to file a request for correction of any error or injustice...
ARMY | BCMR | CY1997 | 9709294C070209
APPLICANT REQUESTS: That his military records be corrected to show that he was enlisted for duty on 26 December 1940 from the Philippine Islands. 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. Since the Correction Board was established on 2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired...
ARMY | BCMR | CY1997 | 9709297
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 USAPDA found the...
ARMY | BCMR | CY1997 | 9709297C070209
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 USAPDA found the...
ARMY | BCMR | CY1997 | 9709310
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. Appendix E of AR 635-40,...