ARMY | BCMR | CY2001 | 2001058547C070421
EVIDENCE OF RECORD : The FSM’s military records show: The record of marriage submitted by the applicant shows that she and the FSM were married on 11 March 1988. Information provided by the AR-PERSCOM indicates that there are no records that the FSM ever requested an application for retired pay or made an election for participation in RCSBP.
ARMY | BCMR | CY2001 | 2001058549C070421
He reports that “…a number of witness who could sustain the facts in favor of Captain [the applicant] who were never interviewed or given the opportunity to testify….” He recommends “in the strongest terms” that the applicant be re-appointed as a captain with longevity and all benefits. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is...
ARMY | BCMR | CY2001 | 2001058555C070421
The applicant’s military records show that he entered on active duty on 7 August 1969, completed training as a combat engineer, and sometime in the spring of 1970 completed the NCO school skill development base course. The applicant’s DD Form 214 only shows award of the National Defense Service Medal, the Sharpshooter and Expert Qualification Badges (with the M-14 and the M-16 rifles, respectively), the Vietnam Service Medal, the Bronze Star Medal, the Army Commendation Medal with first oak...
ARMY | BCMR | CY2001 | 2001058562C070421
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: After consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2001 | 2001058563C070421
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 | CY2001 | 2001058564C070421
The Board notes that there are no orders in the applicant's available records awarding him the Army Commendation Medal, however, his award certificate is signed by the appropriate Secretary of the Army, and the period of service covered by the award coincides with the applicant's dates of service in Vietnam. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal, or that he had any misconduct...
ARMY | BCMR | CY2001 | 2001058565C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of his military records to show award of the Purple Heart. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action in Korea.
ARMY | BCMR | CY2001 | 2001058569C070421
He was improving on his physical training run. On 5 and 10 January 1991, he was counseled for failing the APFT. The evidence of record does not show any reason why the applicant’s chain of command should have referred him for mental health counseling.
ARMY | BCMR | CY2001 | 2001058572C070421
Service medical records do not indicate any medical condition incurred while entitled to receive basic pay which At the time of the separation physical examination, competent medical authority determined that the applicant was then medically fit for retention or appropriate separation. There is no evidence nor has the applicant submitted any to show a service connected disability rating by the VA.
ARMY | BCMR | CY2001 | 2001058576C070421
10 USC 1371 contains warrant officer retired grade provisions of the law and states, in pertinent part, that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires in the permanent regular or reserve warrant officer grade that he held on the day before the date of his retirement. The evidence of record confirms that the applicant satisfactorily served on active duty in the rank and pay grade of CW3/W-3 and that the highest rank the applicant...
ARMY | BCMR | CY2001 | 2001058577C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a general discharge. He did not complete his airborne training and received orders transferring him to Fort Lewis, Washington with a report date of 25 April 1971.
ARMY | BCMR | CY2001 | 2001058578C070421
The applicant requests that his report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart. A the time of his REFRAD, his records indicated that he had no wounds. However, it appears that an administrative oversight resulted in his records not being corrected to reflect that award.
ARMY | BCMR | CY2001 | 2001058580C070421
Former spouse coverage for retired members was not established until September 1983. The FSM overpaid SBP premiums from the date of divorce, when his costs should have been suspended, until 24 September 1983, when former spouse coverage for retired members was established. That all of the Department of the Army records related to this case be corrected by showing that the FSM’s SBP coverage was suspended on 27 June 1980, the date of his divorce; that he requested, in writing, that his SBP...
ARMY | BCMR | CY2001 | 2001058582C070421
The resultant pressure of the internal tissue through the gap in the abdominal wall in the groin area is called an inguinal hernia. The NGB denied the applicant’s appeal, stating that a review of the medical records by the NGB Chief Surgeon determined that the applicant’s hernia was a preexisting condition which was probably related to colectomy surgery the applicant underwent in 1986. The OTSG stated that based on the available records, none of the applicant’s subsequent hernias were the...
ARMY | BCMR | CY2001 | 2001058583C070421
APPLICANT STATES : That she had a compression fracture from an injury that she received in Kuwait. An 8 June 2001 VA medical record shows that she was receiving a 60 percent disability rating for neck and back pain, that the applicant stated that her problem had been progressively getting worse. Physical evaluation boards are established to evaluate all cases of physical disability equitability for the soldier and the Army.
ARMY | BCMR | CY2001 | 2001058593C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his Basic Active Service Date (BASD) and Date of Rank (DOR) be adjusted to give him credit for the time he served in the Army Reserve, both as an enlisted soldier and as an officer. It will not since constructive service only establishes the pay grade in which an officer is commissioned.
ARMY | BCMR | CY2001 | 2001058597C070421
He states that the quality of his service during the period of enlistment, while in confinement, and his excellent post service achievements and conduct warrant an upgrade of his discharge. In support of his application, he submits numerous military documents attesting to his training, performance and conduct achievements while on active duty; five third party letters that petition for clemency, submitted by Army legal officials and members of his chain of command; individual award...
ARMY | BCMR | CY2001 | 2001058600C070421
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 | 2001058603C070421
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 | 2001058607C070421
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 has noted the applicant’s contentions; however, neither the evidence submitted with his application or the evidence contained in the available records show that he is entitled to an award of the Purple Heart.
ARMY | BCMR | CY2001 | 2001058615C070421
On 19 March 2001, the DFAS Disbursing Officer, Fort Meade, Maryland, forwarded the applicant’s DA Form 3508-R to PERSCOM and confirmed the applicant was indebted to the government in the amount of $3362.82 and requested remission or cancellation of the debt based on hardship and injustice. It indicated that had the applicant still been on active duty when his request for remission or cancellation of indebtedness was received at PERSCOM, favorable consideration would have been granted. In...
ARMY | BCMR | CY2001 | 2001058616C070421
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. DISCUSSION : Considering all the evidence, allegations, and information presented by the...
ARMY | BCMR | CY2001 | 2001058618C070421
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: There are no entries in this document that indicate that the applicant was entitled to the PH on the date of his separation nor does it confirm that he was ever wounded or injured during his tenure on active duty.
ARMY | BCMR | CY2001 | 2001058619C070421
APPLICANT REQUESTS: That he be granted additional constructive credit for his Doctor of Veterinary Medicine (DVM) degree. The applicant cited a precedent case wherein the Board awarded a prior service veterinarian, who returned to active duty as a medical doctor, constructive credit for his veterinarian degree. Both projects require the use of sophisticated animal model systems.” The Graduate Medical Education Branch, Office of the Surgeon General had disapproved an earlier request from...
ARMY | BCMR | CY2001 | 2001058621C070421
The applicant states, in effect, that his separation document (DD Form 214) does not show he was awarded the PH and other combat medals he earned during his active duty tenure. The Board did find that the evidence of record sufficiently documents the applicant’s participation in combat as an infantryman, assigned to an infantry unit, who had been involved in combat operations during his assignment tenure in the RVN. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2001 | 2001058622C070421
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: As he states, the captain promotion board had convened in February 1999. The applicant has provided no evidence to show that his DOR to captain was incorrectly determined.
ARMY | BCMR | CY2001 | 2001058624C070421
Applicant was recommended for award of the AAM OLC#1. Evidence of record shows that applicant served in Southwest Asia during the qualifying periods for which award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) are authorized. Evidence of record shows, and the applicant has confirmed, that he was awarded two Army Achievement Medals while in the Army.
ARMY | BCMR | CY2001 | 2001058626C070421
This document shows the unit to which the applicant was assigned, the 9th Infantry Division, was cited in the Order of the Day of the Belgian Army for actions from 3 to 13 September 1944 and from 20 December 1944 to 26 January 1945. Evidence of record shows that the applicant’s unit of assignment during World War II was the 9th Infantry Division. Department of the Army Pamphlet 672-1 shows that the applicant was a member of the 9th Infantry Division when it was cited for award of the...
ARMY | BCMR | CY2001 | 2001058628C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board notes, however, that the mere fact that an enlisted soldier may have been performing the duties of an officer, is not a basis to conclude that he was recommended for or granted a commission. The evidence, as provided by the applicant, indicates that he was recommended for a commission by a major, his battalion commander, and not a general officer.
ARMY | BCMR | CY2001 | 2001058633C070421
The Board notes the recommendation contained in the ODCSPER advisory opinion, which recommends the applicant not be advanced or provided back pay because she failed to provide sufficient documentation in a timely manner. It appears that there was a failure on the part of USAREC officials to document the applicant’s referral prior to her entering active duty, as is required by regulation. That all of the Department of the Army records related to this case be corrected by showing the PV2...
ARMY | BCMR | CY2001 | 2001058639C070421
The OSRB contacted the applicant’s career branch manager and determined that there was no record of the applicant requesting a copy of her OMPF to review and correct before the promotion board met. Information at branch indicates that several problems with the applicant’s records were noted prior to the February 2000 promotion board but Branch did not call her at the time. It appears that she attempted to make some corrections to her records in September 1999, several months prior to the 8...
ARMY | BCMR | CY2001 | 2001058640C070421
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 | CY2001 | 2001058641C070421
In the alternate, he requests that he be considered for promotion by a special selection board, with instructions to that board that no adverse implication was to be construed by his having only two years of service in the rank of major or the number of officer evaluation reports (OERs) or types of duty assignments to date, and instructions to the board reflecting that in the absence of officer evaluation reports (OERs) during the period 1996-1998 while he was waiting for a decision on his...
ARMY | BCMR | CY2001 | 2001058642C070421
APPLICANT REQUESTS: In effect, that his military medical records be corrected to show an ankle injury he received in basic training was to the right rather than the left ankle. EVIDENCE OF RECORD : The applicant's military records show: Army Regulation 15- 185, the regulation under which this Board operates states that the Army Board for Correction of Military Records is not an investigative body and must act on the basis of the evidence contained in an applicant’s official military record...
ARMY | BCMR | CY2001 | 2001058643C070421
The applicant requests, in effect, correction of his military records to show award of the Purple Heart, the National Defense Service Medal, the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, the Korean War Service Medal, the Republic of Korea Presidential Unit Citation, the Army of Occupation Medal for Korea, the Armed Forces Reserve Medal, the United Nations Medal and the United Nations Service Medal. The applicant states, in effect, that he was...
ARMY | BCMR | CY2001 | 2001058644C070421
The applicant states, in effect, that during the rating period 950603 – 960414, for which he received a Permanent Change of Station (PCS) OER as the Assistant V Corps Chaplain in Heidelberg, Germany, he had a change of duty from 17 December 1995 through 28 March 1996 when he was reassigned as United States Army Europe (USAREUR) Forward Chaplain in Taszar, Hungary. The applicant was referred to the Army Board for Correction of Military Records. The Chief of the Appeals and Corrections...
ARMY | BCMR | CY2001 | 2001058646C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It appeared that he failed to execute the FY 2001 ISP contract for payment of the ISP for the period effective 1 October 2000 – 30 September 2001 in a timely manner due to the intense preparation required to take his board certification examination. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the...
ARMY | BCMR | CY2001 | 2001058650C070421
He continued to receive payment for BAQ without dependents until 30 November 2000. 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: The Board considered the applicant’s contentions that this overpayment was an error by the Unit PAC and Finance Support Team and was no fault of his own.
ARMY | BCMR | CY2001 | 2001058651C070421
The applicant requests that his records Report of Separation (DD Form 214) be corrected to show that he was wounded in action and awarded the Purple Heart. The applicant states that he was wounded in action and awarded the Purple Heart in June 1951. a. by amending the DD Form 214 of the individual concerned to show that he was awarded the Combat Infantryman Badge and the Purple Heart for wounds that he received to his leg and thigh on 12 June 1951 as a result of hostile action by enemy...
ARMY | BCMR | CY2001 | 2001058653C070421
The applicant states that if his request for waiver had been considered, it would have been approved. However, he was told on 24 September 2000, the date he began school, that the requirements for waiver had been changed, that he had to submit a request for waiver by 29 September 2000. To fix this error, the Board will recommend that the applicant’s records be corrected to show that the ASA M&RA approved the applicant’s request for waiver on 30 September 2000 and, based on that waiver...
ARMY | BCMR | CY2001 | 2001058654C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That he was non-selected for promotion to lieutenant colonel in the US Army Reserve due his non-completion of Command and General Staff College (CGSC). Title 10, U.S. Code, section 14506, states that an officer in the grade of major who twice fails to be selected for promotion to lieutenant colonel will be removed from an active status when he completes...
ARMY | BCMR | CY2001 | 2001058655C070421
The applicant states that he should have been considered for promotion far enough in advance of completing the time in grade requirement for promotion to major (7 years), so that upon his recommendation for promotion, he would have been promoted on his eligibility date of 15 December 1996. The applicant’s military records show that he is a Reserve officer who was promoted to captain on 15 December 1989. That opinion states, in effect, that the applicant was in a higher grade position on 14...
ARMY | BCMR | CY2001 | 2001058656C070421
The applicant’s records do not show that he was a prisoner of war and there is no indication that the applicant ever received the Prisoner of War Medal. Therefore, the applicant is entitled to award of the Prisoner of War Medal and correction of his records to show that he was a prisoner of war. Since current regulations require discharge documents to show prisoner of war status, the Board determined that, based on these current standards, it is appropriate to correct the applicant’s...
ARMY | BCMR | CY2001 | 2001058658C070421
The applicant states that his military record omits the facts regarding his capture and prisoner of war status. The applicant’s records contain a Proceeding of the Army Board for Correction of Military Records, dated 3 November 1993, which considered the same request submitted to this Board in an application, dated 23 May 2001. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal (First Oak...
ARMY | BCMR | CY2001 | 2001058659C070421
The applicant states that his military record omits the facts regarding his capture by German soldiers and prisoner of war status during World War II. Therefore, he is entitled to award of the Prisoner of War Medal and correction of his records to show this award. Since current regulations require discharge documents to show prisoner of war status, the Board determined that, based on these current standards, it is appropriate to correct the applicant’s records to show his prisoner of war status.
ARMY | BCMR | CY2001 | 2001058660C070421
The applicant’s records do not show that he was a prisoner of war, and there is no indication that the applicant ever received the Prisoner of War Medal. The Board determined that the 8 August 1945 document, which lists the applicant among those members of Cannon Company of the 350th Infantry Regiment as prisoners of war on 29 April 1945, is sufficient as a basis for award of the Prisoner of War Medal in this specific case. Therefore, the applicant is entitled to award of the Prisoner of...
ARMY | BCMR | CY2001 | 2001058662C070421
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. Army Regulation 635-200, paragraph 5-7, then in effect, stated that members who were not medically qualified under procurement medical fitness standards when...
ARMY | BCMR | CY2001 | 2001058663C070421
On 21 August 1970, the separation authority approved the recommendation for separation under the provisions of Army Regulation 635-212 for unfitness and directed that the applicant be furnished a general discharge. On 25 February 1974 the Army Discharge Review Board denied the applicant’s request for a discharge upgrade to honorable. The Board reviewed the applicant’s record of service which included four nonjudicial punishments, four special court-martial convictions and 640 days lost due...
ARMY | BCMR | CY2001 | 2001058667C070421
The applicant requests that his records be corrected to reflect award of the Purple Heart. The Board also notes that his date of entry on his 22 July 1971 DD Form 214 is incorrect and should be corrected to reflect 21 August 1968 vice 21 August 1969. b. by showing on the 22 July 1971 DD Form 214 that the applicant was awarded a Purple Heart, an Army Commendation Medal and two awards of the Bronze Star Medal; and
ARMY | BCMR | CY2001 | 2001058668C070421
The separation action was approved by the appropriate authority, who directed the applicant receive an UD and on 15 May 1968, the applicant was discharged from the Army accordingly. On 11 December 1981, the Army Discharge Review Board denied the applicant’s request for an upgrade to his discharge after having determined that the discharge was proper and equitable. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence...