ARMY | BCMR | CY2001 | 2001058411C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-40, which establishes the policies and procedure for the separation or retirement of soldier’s by reason of physical disability states that soldier may not be referred for, or continue, physical disability processing when action has been started under any regulatory provision which authorizes a characterization of service of under other than honorable...
ARMY | BCMR | CY2001 | 2001058413C070421
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: The applicant stated, in effect, that the reason why he wanted out of the military was because his wife would not live with him while he was in the Army and that she threatened to divorce him, if he did not get out of the military.
ARMY | BCMR | CY2001 | 2001058414C070421
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 | CY2001 | 2001058416C070421
The DFAS also informed the MC that the divorce of the FSM was not reported until after his death, and since there was no record of the FSM or the applicant electing to provide coverage for the applicant within one year of divorce, the applicant was not entitled to an annuity under the SBP. Neither the applicant nor the FSM made application to have SBP coverage designation changed to former spouse within one year after their divorce in 1994, as required by law. Therefore, the record should...
ARMY | BCMR | CY2001 | 2001058418C070421
The form states that on 9 January 1978 the applicant complained about problems he was having at home. Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. There is no evidence of record to show that the applicant’s back contusion rendered him unfit for duty.
ARMY | BCMR | CY2001 | 2001058419C070421
APPLICANT STATES : In effect, that his undesirable discharge was inequitable because he did not have a drinking problem when he entered the service and he was not offered a chance to rehabilitate himself when he obviously had a chronic and severe alcohol consumption problem that was exacerbated by his transfer to Germany. The board found that the applicant displayed traits of habits which rendered him unfit for further military service and recommended that he be discharged with an...
ARMY | BCMR | CY2001 | 2001058420C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Effective 4 June 1992, the applicant was discharged from the MIARNG under the authority of National Guard Regulation (NGR) 600-200, paragraph 8-26y, as not meeting the medical retention standards of Army Regulation 40-501, chapter 3. On 5 October 1995, it was modified to include members who no longer met the qualifications for membership in the Selected Reserve solely...
ARMY | BCMR | CY2001 | 2001058421C070421
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 VA may not be considering these two discharges, particularly the discharge of 7 September 1970, to be completed terms of service.
ARMY | BCMR | CY2001 | 2001058423C070421
There is no evidence in the available records which shows the applicant requested a hardship discharge. There is no evidence in the available records which shows the applicant was denied a hardship discharge. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he requested a hardship discharge.
ARMY | BCMR | CY2001 | 2001058427C070421
The applicant requests that his awards of the Bronze Star Medal, the Purple Heart, the Air Medal, the Meritorious Unit Citation, and qualification badges for the M60 machinegun and grenade be added to his DD Form 214 (Report of Transfer or Discharge). There is sufficient evidence of record to show that the applicant is entitled to an award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for the Vietnam...
ARMY | BCMR | CY2001 | 2001058428C070421
On 31 August 1998, an informal PEB found the applicant unfit for duty by reason of chronic pain, right ankle due to osteochondral defect and osteoarthritis with a disability rating of 10 percent. Once a soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD. medical unfitness for further military service.
ARMY | BCMR | CY2001 | 2001058429C070421
Section 14514 of Title 10 governs discharge or retirement for years of service. Subsection 14502e(2) states that an officer who is promoted to the next higher grade as the result of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if the officer had been recommended for promotion...
ARMY | BCMR | CY2001 | 2001058430C070421
The applicant states that he was selected for promotion to CPT by a Reserve Components Promotion Advisory Board (standby advisory board). The promotion board, FY96 board for promotion to CPT, under which criteria the applicant was selected for promotion, occurred before the implementation of ROPMA. According to provisions of Army Regulation 135-155, in effect at the time of the FY96 promotion selection board for CPT, TPU officers selected for promotion will be promoted on their promotion...
ARMY | BCMR | CY2001 | 2001058434C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.
ARMY | BCMR | CY2001 | 2001058435C070421
The applicant states that his application for enrollment in the RRMIIP was submitted within the allotted timeframe and the benefits were not granted. The RRMIIP Program Manager further states, in effect, that although the application does not include a letter stating why he was not briefed during the initial enrollment period, the 35 th Signal Battalion Yauco, Puerto Rico manifest shows that the applicant was in the unit and on orders. Given the evidence of record, including the advisory...
ARMY | BCMR | CY2001 | 2001058436C070421
The applicant’s contention that the record of NJP should not be filed because his appeal was granted, has been noted by the Board and appears to be without merit. However, the applicable laws and regulation provide that a properly imposed record of NJP will be filed in accordance with the filing instructions of the imposing commander. Accordingly, the record of NJP was properly filed on the restricted fiche of the applicant’s OMPF and he has failed to show through the evidence submitted...
ARMY | BCMR | CY2001 | 2001058438C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: The applicant requests that his NCO evaluation report (NCOER) for the period December 1991 through November 1992 be removed from his official military personnel file (OMPF), transferred to the restricted portion of his OMPF, or that the senior rater comments be deleted from that NCOER. APPLICANT STATES : That the Board should consider the whole soldier...
ARMY | BCMR | CY2001 | 2001058440C070421
The opinion stated that on 17 December 1998, the applicant’s commander determined by proof beyond a reasonable doubt, that the applicant assaulted his spouse, and that he violated his commander’s order to have no contact with his spouse. The applicant received a second Article 15, UCMJ, based on allegations that he violated a lawful general regulation by reviewing and downloading pornographic materials on his government computer. The applicant appeared before an administrative separation...
ARMY | BCMR | CY2001 | 2001058441C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 3 September 1986, the FSM and the applicant were divorced. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election.
ARMY | BCMR | CY2001 | 2001058443C070421
The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 29 November 1951 and he served until he was honorably discharged on 17 November 1953. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a new Certificate of Honorable Discharge showing that the correct initial for his middle name...
ARMY | BCMR | CY2001 | 2001058444C070421
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. Although his records are void of orders awarding MOS 91B, the evidence of record clearly shows he enlisted for the $3,000 bonus, completed the required training, and was assigned duty in the MOS. His records should be corrected to show his entitlement to the cash bonus for which he enlisted.
ARMY | BCMR | CY2001 | 2001058445C070421
APPLICANT REQUESTS: Promotion to captain effective 17 October 1998, an education waiver granted and dated 30 September 2000 and removal from his personnel records the selection board non-selection results. On 10 January 2001, the applicant’s command requested the NGB grant a waiver of the statutory education requirement for promotion to captain. Although waivers granted to officers appointed before that date could extend up to two years, the Secretary of the Army was not authorized to...
ARMY | BCMR | CY2001 | 2001058447C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The convening authority approved only so much of the sentence as provided for a BCD, confinement for 9 months, reduction to the pay grade of E-1 and total forfeiture of pay. On 29 February 1996, the applicant submitted an Application for the Review of Discharge or Dismissal (DD Form 293) to the Army Discharge Review Board requesting that his discharge be upgraded.
ARMY | BCMR | CY2001 | 2001058467C070421
The Board considered the following evidence: There is no record of punishment. On 2 May 1972, the applicant was discharged in pay grade E-2 under the provisions of Army Regulation 635-212, for unsuitability with a general discharge.
ARMY | BCMR | CY2001 | 2001058474C070421
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 DA Form 1577 showing the applicant is entitled to the Purple Heart is new evidence that requires Board consideration. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.
ARMY | BCMR | CY2001 | 2001058477C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that block 28 (narrative reason for separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect “to attend school”. 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 | CY2001 | 2001058479C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s retirement DD Form 214 with an effective date of 31 October 1966, which was authenticated in his own hand, shows the Army Commendation Medal (one award) as an authorized award. However, there is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded any subsequent awards of the Army Commendation...
ARMY | BCMR | CY2001 | 2001058480C070421
In support of her request she submits copies of her medical records, her NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), and her Department of Veterans Affairs disability decision. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based...
ARMY | BCMR | CY2001 | 2001058483C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS : In effect that his military records be corrected to show he was awarded the Purple Heart (PH). There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple...
ARMY | BCMR | CY2001 | 2001058489C070421
APPLICANT REQUESTS: That his general discharge be upgraded to honorable. APPLICANT STATES : In effect, that his discharge should be upgraded because he served over 180 consecutive days of active service and is being denied Veterans Administration (VA) benefits. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 2 April 2001.
ARMY | BCMR | CY2001 | 2001058490C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 15 June 2001 the Army Discharge Review Board (ADRB) in a unanimous decision denied the applicant’s request for the change of reason and authority for discharge. There is no evidence of record, nor has the applicant provided any evidence to support removing “personality disorder” from the reason for his administrative discharge.
ARMY | BCMR | CY2001 | 2001058495C070421
The applicant states, in effect, that she should have been retired for medical reasons instead of being transferred to the Army Reserve Control Group (Reinforcement). Although her complete military records are not available, it appears that she has had continuous service in the Army Reserve up until now. On 18 October 1995 that same doctor stated that the applicant was doing satisfactorily, that she had severe pain, but could walk without a cane, although she still had a para-paresis with...
ARMY | BCMR | CY2001 | 2001058508C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That she be provided a Certificate of Release or Discharge from Active Duty, DD Form 214, for active duty performed 23 May 1972 through 30 September 1980. In pertinent part, it states that the DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members.
ARMY | BCMR | CY2001 | 2001058509C070421
The applicant requests that his records be corrected to reflect that he was awarded the Purple Heart. Records available to the Board indicate the applicant served on active duty between 1963 and 1969. The evidence confirms the applicant was wounded as a result of hostile action while in Vietnam and awarded the Purple Heart.
ARMY | BCMR | CY2001 | 2001058513C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The report indicated that the applicant was administered various tests, which indicated that she had a few anxiety symptoms but was not depressed or experiencing other symptoms of PTSD. The psychologist stated that the applicant did not currently meet criteria for a diagnosis of PTSD or anxiety disorder.
ARMY | BCMR | CY2001 | 2001058515C070421
The applicant states, in effect, that he was wounded in combat in Korea and should have been awarded the Purple Heart. There is no indication in the available records to show that he was ever awarded the Purple Heart for his wounds or that he was ever presented the BSM. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds received in action against the enemy in Korea on 22 August...
ARMY | BCMR | CY2001 | 2001058516C070421
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 WD AGO Form 53-55 that he was issued at the time of his discharge shows that he was awarded the European-African-Middle Eastern Campaign Medal with two Bronze Service Stars and one Bronze Arrowhead, and the Good Conduct Medal. That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY2001 | 2001058520C070421
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 13 September 2001 DOCKET NUMBER: AR2001058520 The applicant requests correction of military records as stated in the application to the Board and as restated herein. Evidence of record shows that completion of the Southeastern Signal School is correctly annotated on his DD Form 214 in item 30.
ARMY | BCMR | CY2001 | 2001058523C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The Board notes that the applicant was almost 21 years old at the time of the offenses charged.
ARMY | BCMR | CY2001 | 2001058525C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that he was told by his counsel that he could benefit from a medical discharge. He had completed 9 months and 16 days of creditable active service and had 53 days of lost time.
ARMY | BCMR | CY2001 | 2001058527C070421
The applicant states, in effect, that the subject ROS was initiated 8 months after he was relieved of his duties as Brigade Food Service Officer (FSO) on 4 February 1997; that his replacement noted a discrepancy in March 1997 when attempting to reconcile DD Forms 1544 (Cash Meal Payment Sheet, or Cash Sheets), but took no action until 7 months later; that his replacement assumed responsibility for Brigade food service operations and all Cash Sheets; that the non-commissioned officer (NCO)...
ARMY | BCMR | CY2001 | 2001058529C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 29 January 1972, the separation authority approved the applicant’s request for discharge and directed issuance of an undesirable discharge. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.
ARMY | BCMR | CY2001 | 2001058530C070421
Records also show the applicant provided a written request to the Secretary of the Army in 1991 for award of the Bronze Star Medal based on his Certificate of Merit. In support of his claim for award of the Bronze Star Medal, the applicant provided a copy of another soldier’s Letter Orders, dated 5 February 1948, wherein this soldier was awarded the Bronze Star Medal, based on a Certificate of Merit, for exemplary conduct in ground combat against the armed enemy during the period 15 January...
ARMY | BCMR | CY2001 | 2001058533C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his records be corrected to show that he was discharged in the rank of T/5 and that he was assigned to the 207 th Military Police (MP) Division of the 24 th Corps. The applicant’s records were corrected accordingly and his correct rank at the time reflected PFC and the authority for the change was annotated accordingly.
ARMY | BCMR | CY2001 | 2001058534C070421
The applicant requests that he be awarded the Purple Heart for injuries received in Vietnam. He successfully completed his training and was transferred to Vietnam on 8 May 1967 for duty as an infantryman. Army Regulation 672-5-1, in effect at the time, provided the criteria for award or disqualification of the Good Conduct Medal (GCMDL).
ARMY | BCMR | CY2001 | 2001058536C070421
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. 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 | 2001058540C070421
On 3 December 1986, the applicant’s commander initiated a recommendation to remove him from the DA MSG/E-8 promotion standing list based on the offense for which he accepted NJP on 24 November 1986. The record also shows that this Board previously considered a request from the applicant that he be reinstated on the DA MSG/E-8 promotion list and after full consideration of his petition and all the evidence, on 25 July 1990, the Board denied relief. The record also shows that this Board...
ARMY | BCMR | CY2001 | 2001058543C070421
The recommendation for the above award, dated 31 January 1952, shows that the FSM was awarded the Purple Heart on 18 January 1952. He was awarded the Occupation Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, one overseas bar; and both the Purple Heart and the Bronze Star Medal. That all of the Department of the Army records related to this case be corrected by showing that the FSM was awarded the Bronze Star Medal with “V” device, the Purple...
ARMY | BCMR | CY2001 | 2001058544C070421
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. DETERMINATION : The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient...
ARMY | BCMR | CY2001 | 2001058546C070421
A promotion memorandum was issued on 24 August 1994, which promoted the applicant to first lieutenant effective 28 July 1994. Telephonic information provided by the Reserve Component Promotions Branch indicates that the applicant was incorrectly coded as an obligated officer who could be promoted to first lieutenant without completion of an OBC. On an unknown date in 1995, the applicant was rescheduled for OBC attendance.