ARMY | BCMR | CY1997 | 9709310C070209
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,...
ARMY | BCMR | CY1997 | 9709336
On 5 November 1992, the applicant was notified by the general court-martial convening authority (GCMA) of his intent to place the applicant on involuntary excess leave. The local Staff Judge Advocate (SJA) informed the GCMA that he, the GCMA, was requested to terminate the applicant’s excess leave and could order a rehearing or dismiss the charges. On 3 April 1997, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to a general under honorable conditions discharge.
ARMY | BCMR | CY1997 | 9709336C070209
APPLICANT REQUESTS: Reinstatement of pay for two years of involuntary excess leave. On 3 April 1997, the Army Discharge Review Board (ADRB) upgraded the applicants discharge to a general under honorable conditions discharge. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: 1.
ARMY | BCMR | CY1997 | 9709343
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 | 9709343C070209
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. However, it does include a...
ARMY | BCMR | CY1997 | 9709350
APPLICANT REQUESTS : That his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. Accordingly, he was discharged under other than honorable conditions on 22 May 1972 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 which the authorized punishment includes a...
ARMY | BCMR | CY1997 | 9709350C070209
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to a general discharge. EVIDENCE OF RECORD: The applicant's military records show: He enlisted in the Regular Army on 27 April 1971. Accordingly, he was discharged under other than honorable conditions on 22 May 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY1997 | 9709357
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 | 9709357C070209
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 | 9709364
EVIDENCE OF RECORD : The applicant's military records show: At the time of his enlistment the applicant had completed 1 year, 3 months, and 23 days of service in the United States Army Reserve. 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...
ARMY | BCMR | CY1997 | 9709364C070209
At the time of his enlistment the applicant had completed 1 year, 3 months, and 23 days of service in the United States Army Reserve. The record also contains documented evidence that the applicant voluntarily requested discharge for the good of the service under the provisions of chapter 10 of AR 635-200. 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...
ARMY | BCMR | CY1997 | 9709365
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He alleged that he had received an adverse NCOER and was not recommended for a PCS award because of protected disclosures he made to his chain of command and an investigator during an investigation being conducted under Army Regulation 15-6. An investigation was conducted under the auspices of the Department of the Army IG which concluded that the applicant’s rater was...
ARMY | BCMR | CY1997 | 9709365C070209
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He alleged that he had received an adverse NCOER and was not recommended for a PCS award because of protected disclosures he made to his chain of command and an investigator during an investigation being conducted under Army Regulation 15-6. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: a. by removing the NCOER ending on...
ARMY | BCMR | CY1997 | 9709373
He requested and received approval for discharge for the good of the service to avoid trial by court-martial. Accordingly, he was discharged under other than honorable conditions on 27 April 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
ARMY | BCMR | CY1997 | 9709373C070209
APPLICANT REQUESTS: That his discharge under other than honorable conditions (UOTHC) be upgraded to honorable. Accordingly, he was discharged under other than honorable conditions on 27 April 1972 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is...
ARMY | BCMR | CY1997 | 9709387
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS: In...
ARMY | BCMR | CY1997 | 9709387C070209
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 | 9709398
The applicant’s military records accordingly, do not show he was recommended for an award for his civilian service on the USNS Harkness nor does the record reflect he served on active duty during the period of eligibility of service members to receive the Southwest Asia Service Medal. The applicant served as a civilian on a Navy Ship and did not meet the criteria for the civilian Desert Shield/Desert Storm award nor is there any evidence he was recommended for the medal prior to the cutoff...
ARMY | BCMR | CY1997 | 9709398C070209
Message changes to Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The applicant served as a civilian on a Navy Ship and did not meet the criteria for the civilian Desert Shield/Desert Storm award nor is there any evidence he was recommended for the medal prior to the cutoff...
ARMY | BCMR | CY1997 | 9709410
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. 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...
ARMY | BCMR | CY1997 | 9709410C070209
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. 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...
ARMY | BCMR | CY1997 | 9709426
On 20 December 1967, the appropriate authority approved the recommendation and directed the applicant receive an undesirable discharge. On 28 December 1967, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-206 for civil conviction with an undesirable discharge. The U.S. Court of Appeals, observing that applicants to the ADRB are by statute allowed 15 years to apply there, and that this Board’s exhaustion requirement (AR 15-185, paragraph 8), effectively...
ARMY | BCMR | CY1997 | 9709426C070209
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a general discharge. On 7 November 1967, the applicants commander initiated separation action under the provisions of Army Regulation 635-206 for misconduct, conviction by a civil court with confinement in excess of 1 year. On 28 December 1967, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-206 for civil conviction with an undesirable discharge.
ARMY | BCMR | CY1997 | 9709457
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 | 9709457C070209
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 | 9709494
The applicant requests, in effect, that he be retired in the rank of colonel without being entitled to the increase in pay. The applicant was separated from active duty on 27 June 1995 and placed on the retired list on 1 July 1995 with 20 years 2 months and 22 days active duty service. The applicant, a Reserve officer on active duty with the Active Guard/Reserve (AGR) programs, was selected for promotion to colonel and would have been promoted on 28 June 1995.
ARMY | BCMR | CY1997 | 9709494C070209
That his report of separation (DD Form 214) be corrected to show that he was awarded the Legion of Merit. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below. ABCMR Proceedings (cont) AC97-09494 RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that, upon his transfer to the Retired Reserve on 1 July 1995, the individual concerned was promoted to colonel,...
ARMY | BCMR | CY1997 | 9709495
In personal statements he states he was recommended for the Silver Star and the company executive officer deliberately downgraded the recommendation ward to a Bronze Star with V. 3. One of the former commanders writes that, in addition to the problem caused by the applicant’s executive officer downgrading award recommendations, as a separate brigade the 173rd Airborne was not authorized to award a Silver Star and that award recommendations sometime got downgraded or not approved because of...
ARMY | BCMR | CY1997 | 9709495C070209
In personal statements he states he was recommended for the Silver Star and the company executive officer deliberately downgraded the recommendation ward to a Bronze Star with V. 3. During a lull in the friendly fire and illumination [the applicant] observed an enemy soldier attempting to throw a hand grenade at a friendly position to his left, he opened fire on the enemy and killed him. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY1997 | 9709510
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. In 1962 the applicant petitioned the Army Discharge Review Board to grant him a medical discharge stating that he had been under the care of a psychiatrist at...
ARMY | BCMR | CY1997 | 9709510C070209
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. The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including...
ARMY | BCMR | CY1997 | 9709513
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 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...
ARMY | BCMR | CY1997 | 9709513C070209
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). 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...
ARMY | BCMR | CY1997 | 9709541
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 26 May 1989 this Board...
ARMY | BCMR | CY1997 | 9709541C070209
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). 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...
ARMY | BCMR | CY1997 | 9709554
APPLICANT REQUESTS : In effect, that his reentry code of “3” be changed and that he be reinstated in the military. Following acceptance of such promotions, enlisted soldiers may be attached to any AGR position in the higher grade to meet the needs of the Army. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry (RE) codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY1997 | 9709554C070209
APPLICANT REQUESTS: In effect, that his reentry code of 3 be changed and that he be reinstated in the military. He received a reentry code of 3. Army Regulation 608-75 establishes policies, responsibilities and procedures for the Exceptional Family Member Program (EFMP). Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry (RE) codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY1997 | 9709574
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 | 9709574C070209
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. This request was made after...
ARMY | BCMR | CY1997 | 9709590
That official stated that the applicant did have a four year degree; however, at the time of her enlistment the documentation was not available and she therefore entered the Army in the appropriate grade. He went on to say that the applicant did get the transcripts evaluated, and recommended an exception be granted to the requirement that a soldier must produce the transcripts within 6 months after enlistment in order to receive an advanced promotion. The applicant was eligible to enlist...
ARMY | BCMR | CY1997 | 9709590C070209
The applicant states that she completed three years of study in the university; however, that has not been acknowledged, because her transcripts from Nigeria were submitted [to this Board] without being evaluated. He went on to say that the applicant did get the transcripts evaluated, and recommended an exception be granted to the requirement that a soldier must produce the transcripts within 6 months after enlistment in order to receive an advanced promotion. The applicant was eligible to...
ARMY | BCMR | CY1997 | 9709597
The applicant requests correction of his DD Form 214 to reflect his rank and grade as Specialist Four, E-4; to show award of “airborne wings;” to show he completed airborne training; and to show he completed his high school GED. There is no evidence in the applicant’s records to show he completed his high school GED. That block 24 of the applicant’s DD Form 214 be corrected to show award of the Parachute Badge and block 25 to show completion of Basic Airborne Training.
ARMY | BCMR | CY1997 | 9709597C070209
The applicant requests correction of his DD Form 214 to reflect his rank and grade as Specialist Four, E-4; to show award of airborne wings; to show he completed airborne training; and to show he completed his high school GED. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer). That block 24 of the applicants DD Form 214 be corrected to show award of the Parachute Badge and block 25 to show...
ARMY | BCMR | CY1997 | 9709612
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge. The character of the discharge is commensurate with the applicant’s overall record of military service.
ARMY | BCMR | CY1997 | 9709612C070209
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 | 9709619
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. Accordingly, on 21 August...
ARMY | BCMR | CY1997 | 9709619C070209
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 | 9709634
The applicant requests that his records be corrected by upgrading his discharge to honorable, and by awarding him the Purple Heart for injuries he sustained while serving in Vietnam. The applicant’s military records show that on 20 July 1964, he reenlisted in the Regular Army for a period of 6 years in pay grade E-3. On 31 July 1969, the applicant was separated with a UD under the above-cited regulation.
ARMY | BCMR | CY1997 | 9709634C070209
The applicant and counsel if any, did not appear before the Board. The applicant requests that his records be corrected by upgrading his discharge to honorable, and by awarding him the Purple Heart for injuries he sustained while serving in Vietnam. That all of the Department of the Army records related to this case be corrected: a. by awarding the individual concerned the Purple Heart for wounds sustained on 18 October 1966, in the Republic of Vietnam, b. by voiding the undesirable...
ARMY | BCMR | CY1997 | 9709653
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: On 18 March 1980 the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: