ARMY | BCMR | CY2001 | 2001059114C070421
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 applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2001 | 2001059117C070421
On 21 September 1976 the separation authority approved the applicant’s request for discharge and directed that he be issued an undesirable discharge. Accordingly, the applicant was discharged under other than honorable conditions on 28 September 1976 under the provisions of Army Regulation 635-200, chapter 10. On 9 September 1982 the Army Discharge Review Board denied the applicant’s request for a discharge upgrade to general.
ARMY | BCMR | CY2001 | 2001059118C070421
The applicant requests that his Report of Separation or Discharge (DD Form 214) be corrected to show he was awarded the Purple Heart and the Army Commendation Medal (ARCOM). The applicant states, in effect, that he sustained injuries while in combat in Vietnam and that the evidence he is submitting shows that he is entitled to the Purple Heart. These documents were not previously available to the Board and constitute new evidence that requires Board review.
ARMY | BCMR | CY2001 | 2001059120C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. All other dates contained on the applicant’s DD Form 4, with the exception of the date of his reenlistment, were dated 28 December 1995. It would appear that the applicant actually took the oath of reenlistment on 28 December 1995, not 11 November 1995.
ARMY | BCMR | CY2001 | 2001059123C070421
Army Regulation 140-111, Table 2-3, Line 8, states that soldiers who are between age 55 and 59 can only reenlist for the number of months or years required to reach the last day of the month in which the member attains age 60. The Board concurs with the OCAR’s assessment and will recommend correcting the applicant’s reenlistment contract to show that he reenlisted for the days, months and years necessary for him to attain retirement eligibility. That all of the Department of the Army...
ARMY | BCMR | CY2001 | 2001059124C070421
APPLICANT REQUESTS: In effect, that he be advanced to the rank and pay grade of command sergeant major/E-9 (CSM/E-9) on the Retired List. EVIDENCE OF RECORD : The applicant's military records show: However, the available evidence in this case contains no indication that the applicant was ever recommended or selected for promotion to the pay grade of E-9 by a DA promotion board or that he was placed on the E-9 promotion standing list prior to his being REFRAD.
ARMY | BCMR | CY2001 | 2001059144C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 29 June 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of her discharge to honorable and found that the reason for discharge and characterization of service were proper and equitable. The evidence of record confirms that the applicant was separated after completing just over 4 months of active military service and therefore, her...
ARMY | BCMR | CY2001 | 2001059145C070421
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 | 2001059147C070421
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. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001059154C070421
The applicant further indicated in the signed DCSS that he understood the effects his refusal would have on his Army career and on any future decision he might make concerning reenlistment or enlistment after separation. The SPD code of MGH was the appropriate code to assign members separating under the provisions of paragraph 16-b or c of Army Regulation 635-200 for non-retention on active duty. The record confirms that the applicant voluntarily requested separation after signing a DCSS...
ARMY | BCMR | CY2001 | 2001059160C070421
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 | 2001059161C070421
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 applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2001 | 2001059163C070421
PROCEEDINGS BOARD DATE: 25 October 2001 DOCKET NUMBER: AR2001059163 On 10 April 2000, the applicant's Battalion Commander recommended that the applicant be awarded the ARCOM for service in Kosovo from 17 November 1999 to 10 February 2000. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing that he was awarded the ARCOM, KCM, and 1 BSS for his NATO Medal.
ARMY | BCMR | CY2001 | 2001059165C070421
The applicant’s military records show that he enlisted in the Regular Army for 2 years on 22 July 1968 in order to attend Officer Candidate School (OCS). The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been discharged. Although award of the BSM must be announced in orders and no orders are available in this case, the Board, as an exception to policy, authorizes the applicant's BSM to be shown on his DD Form 214.
ARMY | BCMR | CY2001 | 2001059166C070421
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 | 2001059167C070421
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’s service...
ARMY | BCMR | CY2001 | 2001059168C070421
The affidavit and those statements, however, were not included as part of the applicant’s petition to the Board and were not in available records. Clearly the applicant sustained a cold weather injury to his feet during the Battle of the Bulge which was sufficiently severe to warrant his hospitalization for nearly two months and for the VA to subsequently award him disability compensation. While the medical diagnosis of trenchfoot and frostbite was widely debated during World War II, as...
ARMY | BCMR | CY2001 | 2001059169C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. However, this statement made over 32 years after the fact is not sufficient by itself as a basis for any award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.
ARMY | BCMR | CY2001 | 2001059170C070421
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 | 2001059172C070421
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence that the applicant was treated for a wound while in Vietnam. While the applicant had a metallic sliver imbedded in his finger there is no evidence which would show that it was a shrapnel wound, other than the one page of DVA medical records prepared after the applicant was released from active duty.
ARMY | BCMR | CY2001 | 2001059174C070421
There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that, from 8 October 1966 to 3 August 1967, he was assigned to Company C, 5th Special Forces Group (Airborne) as a radio operator (05B) during his service in Vietnam. Therefore, he is entitled to correction of his records to show the award of the Combat Infantryman Badge.
ARMY | BCMR | CY2001 | 2001059175C070421
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 awarded the Vietnam Service Medal (VSM). This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.
ARMY | BCMR | CY2001 | 2001059176C070421
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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. The evidence of record confirms that the applicant was assigned to an airborne infantry battalion as a unit medical aidman throughout his tour in the RVN.
ARMY | BCMR | CY2001 | 2001059179C070421
It states, in pertinent part, that warrant officer and enlisted members of the Army are entitled, when their active service plus their service on the retired list totals 30 years, to be advanced on the Retired List to the highest grade in which they served on active duty satisfactorily. There are no provisions of law or regulation that provide for the advancement on the Retired List of an enlisted member who served in a commissioned officer grade in the ARNG not on active duty. The record...
ARMY | BCMR | CY2001 | 2001059180C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he enrolled in the Survivor Benefit Plan (SBP). 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 | 2001059181C070421
By memorandum dated 6 June 2001, the unit’s commander confirmed that the FSM had enrolled in the RCSBP in December 1993, electing option C. Upon his death, the applicant had filled out the appropriate paperwork and submitted her claim to receive the annuity (although it appears the DD Form 1883 was submitted rather than an application for annuity, DD Form 1884). However, instead of informing the applicant that she had to submit a DD Form 1884, ARPERCEN told the applicant that she was not...
ARMY | BCMR | CY2001 | 2001059182C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 6 December 1957, the board of officers recommended that the applicant be discharged from the service under the provisions of Army Regulation 635-208 because of unfitness due an established pattern of shirking with an undesirable discharge. However, his records contain a Case Report and Directive from the Army Discharge Review Board (ADRB) which indicates that the...
ARMY | BCMR | CY2001 | 2001059183C070421
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. Inasmuch as the Army has a need to maintain such records and since it is clear that the applicant was the subject of an investigation, the Board finds no error or injustice in titling the applicant as a subject...
ARMY | BCMR | CY2001 | 2001059184C070421
The applicant provided a rebuttal to the ROS on 1 July 1997 in which he stated that the van’s mechanical defects were the proximate cause of the accident, therefore he should not be held liable and requested financial relief. He once again argued that the van’s mechanical defects were the proximate cause of the accident; that the anti-lock braking system was defective, that his reckless driving charge was reduced to operating an unsafe vehicle; and that because of these arguments; he should...
ARMY | BCMR | CY2001 | 2001059190C070421
The applicant states that, although the error has been corrected, the faulty permanent order is still in his record. The applicant was erroneously awarded another second award for the period 2 June 1991 to 1 June 1994 on 2 June 1994 by Permanent Orders 29-10, 257 th Personnel Service Company. That all of the Department of the Army records related to this case be corrected by expunging Permanent Orders 29-10, 257 th Personnel Service Company, dated 2 June 1994 from the OMPF of the...
ARMY | BCMR | CY2001 | 2001059191C070421
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 | 2001059194C070421
The applicant states that item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) should be corrected to show that he completed the Signal Analysis Course, Class 4-62 and 3 semester hours in German, item 29 (Other Service Training Course Successfully Completed) to show that he completed the Projectionist Training Course, item 25a (Specialty Number and Title) to show his Secondary Specialty Number as “059.14 Telephone Intercept...
ARMY | BCMR | CY2001 | 2001059195C070421
The applicant requests, in effect, revocation of his orders transferring him from the Individual Ready Reserve (IRR) to the Retired Reserve; as an exception to regulation, granting a second waiver of the requirement to earn 50 retirement points during a retirement year to retain active Reserve status; and assigning him to Headquarters and Headquarters Detachment (Reinforcement Training Unit – RTU), 1405 th Logistics Command, Unit Identification Code (UIC) Y64AAA, (1405 th RTU), in Monclova,...
ARMY | BCMR | CY2001 | 2001059196C070421
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. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001059197C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He remained in the USAR Control Group until his discharge at the expiration of his term of service (ETS) on 19 September 1974. The applicant has stated that there is a court decision which has determined that the Army’s weight control policy is discriminatory, but has not provided the Board with evidence of any such decision.
ARMY | BCMR | CY2001 | 2001059198C070421
The applicant requests that his discharge from the U.S. Army Reserve (USAR) be voided and that he instead be transferred to the Retired Reserve. This office opined that the discharge orders issued were valid and in accordance with Army regulations; however, recommended that authority should be given to void the discharge orders and allow the applicant to transfer to the Retired Reserve as he desires. As stated in the advisory opinion, he requests that authority be given to void the...
ARMY | BCMR | CY2001 | 2001059201C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His status was reviewed by an Entrance Physical Standards Board (EPSBD) on 7 March 2001. “After careful considerations of medical records, laboratory findings, and medical examinations, the board finds that the service member was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians, the...
ARMY | BCMR | CY2001 | 2001059202C070421
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 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 | 2001059203C070421
However, a subsequent nuclear bone scan showed that her husband had a “near stress fracture of the right shin.” She then states that her husband was a good soldier who always passed his physical training tests, and who had been on the Army Weight Control Program (AWCP) for some time. In support of his request the applicant also submits a radiology examination report dated 19 May 1998 which shows the applicant did not have a stress fracture, but had bilateral shin splints, the right worse...
ARMY | BCMR | CY2001 | 2001059204C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he was diagnosed with arteriosclerotic heart disease (ASHD) while still serving. In pertinent part, it states that separation will be accomplished when it has been determined that an enlisted soldier is no longer qualified for retention by reason of medical...
ARMY | BCMR | CY2001 | 2001059206C070421
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. 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. Army policy states that although an honorable or...
ARMY | BCMR | CY2001 | 2001059207C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 14 July 1972, the appropriate authority approved the applicant’s request for discharge, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of trial by court-martial and directed he receive an under other than honorable conditions discharge. The applicant’s contention that his inability to serve in the Army was due to his...
ARMY | BCMR | CY2001 | 2001059208C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Chapter 10 of the 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 charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. It provides, in pertinent part, that the maximum...
ARMY | BCMR | CY2001 | 2001059209C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to a more favorable discharge. On 2 May 1961, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-206, based on his conviction by civil authorities.
ARMY | BCMR | CY2001 | 2001059210C070421
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 | 2001059220C070421
He contends that without the knowledge he acquired in his Masters program, writing these articles would have been much more difficult. The applicant’s military records show that on 25 September 1995, he was conferred a degree of Master of Science in biomedical engineering. Based on the additional constructive service credit, it will be necessary for the applicant’s date of rank to be corrected and, if necessary, to give the applicant retroactive promotion consideration for any promotion...
ARMY | BCMR | CY2001 | 2001059230C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That his condition has been diagnosed as moderate to severe aortic insufficiency with dilated aortic root (Marfan’s like syndrome), and that if his record of his medical condition was accurate upon his retirement, it would have shown a serious condition related to his cardio system. The applicant submits 16 tabs with his application, showing his medical...
ARMY | BCMR | CY2001 | 2001059231C070421
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 | CY2001 | 2001059236C070421
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 applicant’s discharge for failing to meet procurement medical fitness standards was appropriate and the applicant has not provided any evidence which...
ARMY | BCMR | CY2001 | 2001059237C070421
On 5 November 1976, the appropriate authority approved the applicant’s request for discharge, under the provisions of chapter 10, Army Regulation 635-200, for the good of the service/in lieu of trial by court-martial and directed that he receive an UOTHC discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statue of limitations. Carl W. S. Chun Director, Army Board for Correction of Military...