ARMY | BCMR | CY2001 | 20010007766
The applicant states he was selected for promotion to MAJ in July 2008 and he was eligible for promotion upon mobilization to active duty on 11 February 2009 in support of Operation Iraqi Freedom (OIF); however, his Federal Recognition orders show a promotion date of 21 October 2009. NGB Memorandum Number 04-0025, dated 1 September 2004, Subject: Clarification of the Policy to promote DA (Department of the Army) Select Mobilized Officers at Maximum TIG, states in paragraph 3 that ARNG...
ARMY | BCMR | CY2001 | 2001051110C070420
The applicant states that he believes his condition at the time of his separation satisfied the requirements for a 30 percent disability rating under the Veterans Affairs Schedule for Rating Disabilities (VASRD), that the actions of the USAPDA were contrary to policy changes proposed by the Department of Defense (DoD) regarding the rating of HIV infection, and that prior to his placement on the Temporary Disability Retired List (TDRL) he was scheduled for a length of service retirement. In...
ARMY | BCMR | CY2001 | 2001051114C070420
The applicant’s military records show that he enlisted in the Regular Army on 6 March 1967. The Republic of Vietnam Campaign Medal is awarded to members who have served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973. The Board accepts that he was assigned to Vietnam from 28 March 1968 – 22 March 1969 (11 months and 25 days), the dates shown in his discharge packet.
ARMY | BCMR | CY2001 | 2001051125C070420
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 | CY2001 | 2001051134C070420
The applicant contends the rater and SR evaluated him on duties outside his MOS and not in accordance with Army regulation. Further, the regulation also requires that any report with a potential evaluation in Part Vd of “Do not promote” or narrative comments to that effect from any rating official require referral to the rated officer. The contested OER was completed by the correct rating officials.
ARMY | BCMR | CY2001 | 2001051135C070420
The applicant requests, in effect, that the Board affirm the upgrade of his discharge by the Army Discharge Review Board (ADRB) and that he be awarded the Combat Infantryman Badge (CIB). The applicant states, in effect, the upgrade of his undesirable discharge to a general discharge, approved by the ADRB in 1979, requires affirmation by the Army Board for Correction of Military Records for him to qualify for benefits administered by the Department of Veterans Affairs. Based on an ADRB...
ARMY | BCMR | CY2001 | 2001051136C070420
The applicant was considered by the next available Reserve CW3 Promotion Board, the FY94 promotion board, but was not selected for promotion. The effective date for the applicant’s promotion to CW3 from the FY95 board His present promotion memorandum to CW4, dated 1 August 2000, should be corrected to be dated 19 May 2000, the adjournment date of the promotion board and therefore the effective date for promotion to CW4 and the date from which CW4 pay and allowances should be paid.
ARMY | BCMR | CY2001 | 2001051144C070420
EVIDENCE OF RECORD : The applicant's military records show: When a soldier is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the soldier is scheduled for separation or retirement, creates a presumption that a soldier is fit. Since the operational records detailing the applicant’s military service are already correct, there is no need for the Board to take any...
ARMY | BCMR | CY2001 | 2001051162C070420
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that he was held prisoner by the Chinese for five days during the Korean War but the POW Medal was never included in his record. That all of the Department of the Army records related to this case be corrected by codifying the time spent by the individual concerned in a POW...
ARMY | BCMR | CY2001 | 2001051163C070420
He submits a financial summary sheet; a DA Form 3508-R (Application for Remission or Cancellation of Indebtedness), dated 12 October 2000, a memorandum submitted to the Defense Finance and Accounting Service (DFAS) (DMPO), Fort Belvoir, Virginia, requesting remission or cancellation of indebtedness, dated 19 October 2000, two memoranda from DFAS showing denial of requests for remission or cancellation of indebtedness; leave and earnings statements for the months of August-October 2000; an...
ARMY | BCMR | CY2001 | 2001051166C070420
The applicant states that when he retired from Army National Guard (ARNG) Active Guard Reserve (AGR) duty status on 30 March 1995, the law including Reserve retirement points (1405 service) for enlisted personnel had just been passed on 5 October 1994, as Public Law 103-337, section 635. The computations for his retired pay did not correctly include his retirement points from 1405 service. The AGR-USAR (U. S. Army Reserve) Separation Branch, U. S. Army Reserve Personnel Command...
ARMY | BCMR | CY2001 | 2001051168C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The applicant contends that he was wounded on two different occasions on the same day and should be authorized two OLC’s to his Purple Heart rather than just one.
ARMY | BCMR | CY2001 | 2001051172C070420
The applicant requests correction of his military records to show that his retired pay is computed based on the pay grade of master sergeant (MSG), pay grade E-8 instead of chief warrant officer two (CW2), pay grade W-2. Title 10, United States Code, provides that a person entitled to retire, under section 1331 of that title, shall have his retired pay computed on the monthly basic pay of the highest grade satisfactorily held at any time. Accordingly, the applicant’s records should be...
ARMY | BCMR | CY2001 | 2001051221C070420
The applicant was determined to be fit for continued service in September 1993 and as such there is no basis for disability separation or retirement. DETERMINATION : The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
ARMY | BCMR | CY2001 | 2001051230C070420
The ADRB noted that the applicant’s record of total absences was substantiated by his record and determined that his discharge was proper and denied his request on 27 October 1986. The Board also notes that a copy of the applicant’s request for discharge is unavailable for review by this Board and that the evidence submitted by the applicant is after his separation from service. The Board also notes that the ADRB indicated that the applicant’s record of total absences was substantiated by...
ARMY | BCMR | CY2001 | 2001051241C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 1 December 1969, the applicant completed a separation physical examination. 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:
ARMY | BCMR | CY2001 | 2001051243C070420
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. APPLICANT STATES : In 1990 a medical board determined that she was physically unfit, but when she requested that she be retained and returned to duty, the medical board honored her request.
ARMY | BCMR | CY2001 | 2001051261C070420
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 | CY2001 | 2001051262C070420
Therefore, he is entitled to correction of his records to show award of the Aircraft Crew Member Badge. There also is no evidence to show that he was recommended for or awarded the Air Medal. The Board notes that the applicant was awarded the Army Commendation Medal.
ARMY | BCMR | CY2001 | 2001051263C070420
Item 22c shows only 27 days of foreign service (RVN service from17 May-14 June 1966). Army Regulation 635-5 states that Item 22c (or Item 24c) will show only the Foreign Service served during the period covered by the DD Form 214. Even though the applicant's DD Forms 214 ending 16 May 1966 and 31 July 1970 appropriately show his foreign service, the Board recommended, as an exception to policy, that his DD Form 214 ending 31 July 1970 be changed to reflect the total sum of his foreign...
ARMY | BCMR | CY2001 | 2001051266C070420
The convening authority denied his request. The applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded. Notwithstanding this fact, the Board finds that the receipt of an award is not always in itself a sufficient basis to upgrade a discharge involving misconduct or failure to pay just debts.
ARMY | BCMR | CY2001 | 2001051267C070420
EVIDENCE OF RECORD : The applicant's military records show: The applicant had NJP imposed against him again on 13 July and 27 July 1971 for violations of Article 86, UCMJ and his punishment consisted of extra duty, restriction and a suspended reduction to the pay grade of E-2 for 90 days. However, his records do show that he requested a discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial and the appropriate authority (a major general)...
ARMY | BCMR | CY2001 | 2001051287C070420
She states that the Army Discharge Review Board (ADRB) denied the FSM’s request for an upgrade of his discharge based upon no requirement for a medical examination. The FSM submitted a request for an upgrade of his discharge to the Army Discharge Review Board, and it was denied on 17 February 1983. The Board concludes that the FSM was medically fit for the approval authority to accept his request for separation in lieu of trial by court-martial.
ARMY | BCMR | CY2001 | 2001051291C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The available evidence contains no information to support the applicant’s claim of entitlement to the PH and there are no medical records available that verify that he was ever treated for a wound or injury received in action by a medical officer or that any treatment for a wound was ever made a matter of...
ARMY | BCMR | CY2001 | 2001051293C070420
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 have been preferred, submit a request for discharge 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...
ARMY | BCMR | CY2001 | 2001051298C070420
The applicant requests, in effect, that his Enlisted Record and Report of Separation from World War II show his rank at discharge as his highest rank held, Corporal; that he be awarded any military awards for which he is authorized but has not received; that his separation and combat unit be fully listed as Company F, 23 rd Infantry Regiment, 2 nd Infantry Division; and that he receive a separation certificate for the same period showing his highest rank held and his combat unit of...
ARMY | BCMR | CY2001 | 2001051305C070420
The applicant requests correction of his military records to show his retired pay be computed in pay grade W-4 instead of captain (0-3). The maximum point value for retired pay for pay grade O-3 is .298 and .319 for pay grade W4 for soldiers with over 26 years of service for pay purposes. That all of the Department of the Army records related to this case be corrected by showing that notwithstanding his placement on the AUS retired list in the grade of 0-3, as provided by Title 10, United...
ARMY | BCMR | CY2001 | 2001051315C070420
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 | CY2001 | 2001051348C070420
In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. Department of the Army Pamphlet 672-1 shows that the 116 th Infantry Regiment was awarded the Distinguished Unit Citation for action on 6 June 1944 and again for action on 7 – 8 August 1944. That all of the Department of the Army records related to this case be corrected by showing that the applicant is entitled to...
ARMY | BCMR | CY2001 | 2001051350C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. An Army Discharge Review Board Report and Directive, dated 27 December 1977, shows that on 13 January 1971, the applicant was convicted by a special court-martial of being AWOL from 4 October-12 November and from 18 November-7 December 1970. On 27 December 1977, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2001 | 2001051361C070420
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 | CY2001 | 2001051373C070420
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. On 12 November 1980, he was discharged, with a BCD, under Army Regulation 635-200, chapter 11, based on his conviction by a court-martial. The applicant has...
ARMY | BCMR | CY2001 | 2001051378C070420
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 | CY2001 | 2001051384C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 29 May 1971, he departed this unit in an AWOL status and remained absent until 7 July 1971 when he was returned to military control at Fort Polk, Louisiana. 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...
ARMY | BCMR | CY2001 | 2001051387C070420
APPLICANT REQUESTS: That his records be corrected by refunding him a debt overpayment of $152.40. He received a second debt notice in September 2000, submitted a cancellation request on 31 October 2000, which was denied on 5 March 2001. In the processing of this case an advisory opinion was obtained for the Defense Finance and Accounting Service (DFAS), Policy Team, System Liaison and Procedures Office, which states that the $152.46 represents a balance of an initial total over payment...
ARMY | BCMR | CY2001 | 2001051392C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 19 March 1974, the applicant enlisted in the Regular Army for 3 years with 3 years, 7 months and 18 days of prior honorable service. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001051392SUFFIXRECONDATE BOARDED20010320TYPE OF DISCHARGE(UOTHC)DATE OF DISCHARGE19760121DISCHARGE AUTHORITYAR635-200,chp10 .
ARMY | BCMR | CY2001 | 2001051394C070420
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 | CY2001 | 2001051422C070420
The applicant requests, in effect, that his discharge from the USAR be voided and that he instead be transferred to the Retired Reserve. He goes on to state that upon receipt of his 20-Year Letter he was qualified for transfer to the Retired Reserve, that he completed a survivor benefit form, received a yearly printout of his retirement points, which all meant to him that he was retired. Inasmuch as the applicant meets eligibility requirements for assignment to the Retired Reserve, it...
ARMY | BCMR | CY2001 | 2001051428C070420
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 | CY2001 | 2001051438C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Additionally, he had 3 months and 22 days of prior active service and he had 2 years, 4 months and 16 days of prior inactive service. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001051438SUFFIXRECONYYYYMMDDDATE BOARDED20010726TYPE OF DISCHARGE(BCD)DATE OF DISCHARGE19820729DISCHARGE AUTHORITYAR635-200, CH 11 REASONA04.00BOARD...
ARMY | BCMR | CY2001 | 2001051439C070420
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 available records fail to show that he was ever tried by a court-martial or that he was denied counsel.
ARMY | BCMR | CY2001 | 2001051441C070420
At this late date the Board will not second-guess the commander’s decision not to grant the applicant 45 days leave or to change the start date of his leave. While the Board takes cognizance of the applicant’s stated personal problems, this factor does not warrant the relief requested and it would not be appropriate to change the records to show that the applicant was discharged honorably from the reenlistment commencing on 14 January 1982. That all of the Department of the Army records...
ARMY | BCMR | CY2001 | 2001051452C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was sentenced to confinement at hard labor for 2 months and reduction to the grade of PV1.On 22 December 1969, the applicant was convicted again by a special court-martial for being AWOL from 19 November 1969 to 24 November 1969. There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board within its 15-year...
ARMY | BCMR | CY2001 | 2001051454C070420
He also concluded that no reimbursement exists because there was no evidence of “official” travel supported by official orders for the period of time the applicant was attached for duty at Fort Bragg. k. The DOHA, based on Comptroller General decisions and provisions of the JFTR, denied the applicant reimbursement for per diem for the period the applicant was attached and was present at Fort Bragg because it was determined to be disciplinary travel. c. Notwithstanding the determination...
ARMY | BCMR | CY2001 | 2001051455C070420
EVIDENCE OF RECORD : The applicant's military records show: The staff opined that there is no authority to change a home of record as recorded at the time of entry into the relevant period of service. The Board determined that by regulation, Culver City, California is his home of record.
ARMY | BCMR | CY2001 | 2001051467C070420
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 | CY2001 | 2001051475C070420
The applicant requests that her records be corrected to show her component as Regular Army. Orders dated 5 June 1995 tendered her an appointment in the Regular Army and ordered her to active duty on the date she should execute the oath of office. The applicant’s Officer Record Brief (ORB) dated 16 October 1995 erroneously shows her component as U. S. Army Reserve (USAR).
ARMY | BCMR | CY2001 | 2001051476C070420
The applicant states that his medical records show that he was wounded in the eye. Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the wound must have required medical treatment, and the medical treatment must have been made a matter of record. This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who...
ARMY | BCMR | CY2001 | 2001051477C070420
On 24 March 1999, the applicant was officially notified that he was being recommended for financial liability to the United States Government in the amount of $475.40 for losses investigated through a ROS. Chapter 3 of this regulation, states in pertinent part, that the Army, by law, may pay claims for amounts due to the applicants as a result of correction to military records; however, the Army may not pay attorney’s fees or other expenses incurred by or on behalf of an applicant in...
ARMY | BCMR | CY2001 | 2001051488C070420
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...