ARMY | BCMR | CY2001 | 2001059740C070421
The applicant requests, in effect, that his Report of Separation and Record of Service (NGB Form 22) be corrected to show an effective date of separation of 26 January 1999. The applicant states, in effect, that the NGB Form 22 issued to him upon his discharge from the Army National Guard (ARNG) erroneously shows his effective date of discharge as 26 January 2000. The evidence of record clearly shows that the applicant was honorably discharged from the ARNG by reason of appointment in...
ARMY | BCMR | CY2001 | 2001059741C070421
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: He had 1 year, 3 months, and 21 days of creditable service.
ARMY | BCMR | CY2001 | 2001059742C070421
The facts and circumstances pertaining to the applicant’s discharge are not present in the available records. 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. The applicant has failed to show, through the evidence submitted with his application, or the evidence of record, that the RE code issued to him on 24 October 1973, was incorrect.
ARMY | BCMR | CY2001 | 2001059744C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his under other than honorable conditions (UOTHC) discharge be upgraded to a general or honorable discharge. Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.
ARMY | BCMR | CY2001 | 2001059745C070421
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: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2001 | 2001059746C070421
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 STATES : In...
ARMY | BCMR | CY2001 | 2001059747C070421
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: On 23 July 1974, a summary of the applicant’s behavior during confinement was provided to the separation authority.
ARMY | BCMR | CY2001 | 2001059748C070421
APPLICANT STATES : In effect, that he completed the confinement required by his general court-martial sentence and now requests an upgrade of his discharge in order to enhance his employment opportunities. He continuously served on active duty for 2 years and 22 days, from 15 June 1953 until 2 September 1955, when he was separated with a BCD based on the sentence imposed as a result of his conviction by a general court-martial. DISCUSSION : Considering all the evidence, allegations, and...
ARMY | BCMR | CY2001 | 2001059751C070421
The applicant requests correction of item 8a (Last Duty Assignment and Major Command) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Company A, 2nd Battalion, 12th Infantry; correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Expert Infantryman Badge (EIB) and six awards of the Army Achievement Medal (AAM); and correction of item 18 (Remarks) to show his dates of service in Southwest...
ARMY | BCMR | CY2001 | 2001059757C070421
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 | 2001059759C070421
There is no evidence in the available records which shows that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. The Board reviewed the applicant’s record of service which included two special court-martial convictions. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with a general discharge under...
ARMY | BCMR | CY2001 | 2001059760C070421
On 9 November 1987, the Army Discharge Review Board determined the applicant’s discharge was proper and equitable and denied his request for an upgrade to his discharge. 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. Carl W. S. Chun Director, Army Board for...
ARMY | BCMR | CY2001 | 2001059763C070421
APPLICANT REQUESTS: In effect, that the records of her deceased former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) election to former spouse coverage. On 27 September 2000, the FSM and the applicant divorced. The evidence shows that the applicant was present at the divorce trial when the Court ordered “The Plaintiff is hereby granted a Divorce…” The divorce proceedings indicated the FSM was not willing to refund to the applicant...
ARMY | BCMR | CY2001 | 2001059764C070421
The Board considered the following evidence: Personnel discharged under this provision were given honorable or general discharges. 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 | 2001059766C070421
APPLICANT REQUESTS: That he be entitled to an early Reserve retirement due to physical disability. It provided that, during the period 1 October 1991 through 30 September 1999, a member of the Selected Reserve who had completed at least 15, and less than 20, years of qualifying service could, upon the request of the member, be transferred to the Retired Reserve. There is no evidence to show that his condition significantly deteriorated between January and September 1998, when he was...
ARMY | BCMR | CY2001 | 2001059769C070421
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 records be corrected to show that he was eligible for retired pay for non-regular service (service in the USAR not on extended active duty) when he was transferred to the Retired Reserve. As such, the Board must conclude that the applicant was properly transferred to the Retired Reserve without sufficient qualifying years of service...
ARMY | BCMR | CY2001 | 2001059771C070421
PROCEEDINGS BOARD DATE: 16 October 2001 DOCKET NUMBER: AR2001059771 In support of his application, he submits a letter of explanation, dated 26 June 2001; a Standard Form 600 (Chronological Record of Medical Care), dated 25 January 1968; a copy of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 31 December 1980; and a copy of his DA Form 20 (Enlisted Qualification Record). Therefore, the applicant is entitled to correction of his...
ARMY | BCMR | CY2001 | 2001059774C070421
Effective 8 September 1982 the applicant was separated in the pay grade of E-6 under the authority of Army Regulation 635-200 for unsuitability. The applicant’s available records also show that he enlisted in the ARNG after his separation from active duty. There is no evidence of record, and none submitted by the applicant, that his medical treatment on active duty was inadequate.
ARMY | BCMR | CY2001 | 2001059775C070421
APPLICANT REQUESTS: That he not be placed in the Retired Reserve and instead be reinstated in the Ready Reserve in order to complete 20 years of qualifying service. EVIDENCE OF RECORD : The applicant's military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 2 January 1981. The applicant provided a copy of AR-PERSCOM Orders C-03-108606, dated 27 March 2001, which shows that he was released from the USAR Control Group (Reinforcement) due...
ARMY | BCMR | CY2001 | 2001059778C070421
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. He was not granted leave so he requested to be released from active duty. The applicant was separated and assigned a reenlistment code in accordance with regulations then in effect.
ARMY | BCMR | CY2001 | 2001059779C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The request was approved and the applicant was discharged under honorable conditions from the OKARNG on 23 October 1979, the same date he was ordered to active duty at Fort Leonard Wood, Missouri. Accordingly, he was discharged under other than honorable conditions on 23 October 1979 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.
ARMY | BCMR | CY2001 | 2001059780C070421
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. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. However, they are not supported by either...
ARMY | BCMR | CY2001 | 2001059781C070421
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. EVIDENCE OF RECORD : The applicant's military records show: The applicant is a Medical Service Corps lieutenant colonel who was non-selected for promotion to colonel so he was not considered by the same boards that considered the individuals in the U. S. District Court case.
ARMY | BCMR | CY2001 | 2001059782C070421
The Board considered the following evidence: Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. It would not be appropriate to change the applicant’s records to show that he was discharged honorably from the reenlistment commencing on 10 November 1982.
ARMY | BCMR | CY2001 | 2001059786C070421
It states that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits. The applicant’s contention that had his “mental” condition been recognized prior to his entry on active duty he would never have been allowed to enlist, is noted. Conditions which are determined to have existed prior to an individual’s entry on active duty, which subsequently serve as a basis for their...
ARMY | BCMR | CY2001 | 2001059787C070421
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 should be awarded the PH for wounds received in combat. The applicant's records were lost or destroyed in the fire at the Records Center and there is no evidence that shows the applicant was awarded or recommended for the award of the PH.
ARMY | BCMR | CY2001 | 2001059788C070421
By law and regulation, retirement will be in the Regular or Reserve grade the soldier holds on the date of retirement and advancement on the Retired List is only authorized when a member has held and satisfactorily served on active duty in a higher grade. In fact, the applicant’s own evidence, the LTG letter, confirms that the promotion recommendation submitted on him in 1968 was returned without action by the promotion authority. The Board also took special note of the fact that the...
ARMY | BCMR | CY2001 | 2001059789C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 22 July 1985 a PEB determined that the applicant was physically unfit because of recurrent asthma and recommended that he be separated from the service with a 10 percent disability rating. On 18 October 1985, a PEB indicated that the applicant’s condition, bronchial asthma, moderate; requiring frequent emergency room visits and repeated steroid courses; made him...
ARMY | BCMR | CY2001 | 2001059791C070421
The applicant requests that his records be corrected to show he completed a Student Loan Repayment Program Addendum, DA Form 5261-4-R. In the event the applicant’s eligible student loans are no longer eligible to be paid off per regulation and law, i. e., if he has since paid off his student loans, it would be appropriate to amend the DA Form 5261-4-R, section V to include the sentence “If a student loan is accepted by the officials processing you for reenlistment as payable under the SLRP...
ARMY | BCMR | CY2001 | 2001059803C070421
He provides as supporting evidence his Medical Condition – Physical Profile Record, DA Form 3349, dated 8 September 1971 (which he annotated that he was on light duty for the past 7 years); his notification of Physical Evaluation Board Action dated 15 January 1973 (which he annotated that the term “unfit for active service” should be changed to “unabled because of physical disability,” that his 50 percent disability rating should have read 100 percent, and questioned why he did not receive...
ARMY | BCMR | CY2001 | 2001059805C070421
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, however, did indicate in his application that he had been honorably discharged and listed his discharge date as 4 January 1990, his scheduled ETS date.
ARMY | BCMR | CY2001 | 2001059807C070421
The advisory also indicated that the applicant would have to request transfer to the Retired Reserve. The applicant responded to the advisory opinion requesting assignment to the Retired Reserve and stating that he had signed a waiver so that he could be called up for active duty. The applicant would need to submit this application to receive retired pay.
ARMY | BCMR | CY2001 | 2001059809C070421
APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in military occupational specialty (MOS) 71L10 (Administrative Specialist) for 3 years and 6 months and that she served in MOS 76W10 (Petroleum Supply Specialist) for 1 year and 6 months. EVIDENCE OF RECORD : The applicant's military records show: The applicant’s DA Form 2-1 (Personnel Qualification Record - Part II) shows in item 6 (Military Occupational Specialties)...
ARMY | BCMR | CY2001 | 2001059810C070421
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 11 January 1954, the applicant’s commander requested that he appear before a board of officers convened under the provisions of Army Regulation 615-368, to...
ARMY | BCMR | CY2001 | 2001059811C070421
The applicant requests that his separation document (WD AGO Form 53-55) be corrected to reflect his award of the American Campaign Medal. Army Regulation 600-8-22 provides the criteria for award of the American Campaign Medal. It provides, in pertinent part, that the American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 if on permanent assignment outside the Continental United States or in active combat against the enemy and was...
ARMY | BCMR | CY2001 | 2001059822C070421
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 requests, in effect, that his Report of Separation, DD Form 214, be amended to show the name he prefers to use and his correct birth date. The Board presumes his induction documents and service records showed this spelling of his name and this date for birth.
ARMY | BCMR | CY2001 | 2001059826C070421
On 20 October a physician indicated on a record of medical care form that the applicant “needs ING for year and then re-evaluate” and that he (the physician) supported that his (the applicant’s) “condition is progressive.” The Patient Administrator, for the NYARNG, prepared a memorandum indicating that the applicant, and several other members of the National Guard, had “medical conditions that prohibit them from active participation in National Guard activities” and requested that those...
ARMY | BCMR | CY2001 | 2001059838C070421
Although the findings and recommendation portion of the ROS are not available, it appears that the applicant was charged the full amount of the loss ($1,169.75) and that the proper depreciation was not applied (10% for OCIE and 25% for personal clothing). Army Regulation 15-185 provides Department of the Army policy, criteria and administrative instructions regarding an applicant’s request for correction of a military record. The applicant’s personal clothing and OCIE records should have...
ARMY | BCMR | CY2001 | 2001059840C070421
The applicant requests, in effect, that his military records be corrected to show he was promoted to the rank and pay grade of private/E-2 (PV2) upon his entry on initial active duty for training (IADT) and that he receive all back pay and allowances due as a result. The applicant failed to attend advanced individual training which ultimately resulted in his being discharged from the USAR on 1 February 1999, with an uncharacterized discharge. By regulation, members of the DEP/DTP are...
ARMY | BCMR | CY2001 | 2001059851C070421
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. 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: He does not provide the baptismal certificate which evidently changed both his first name and the spelling of his last name.
ARMY | BCMR | CY2001 | 2001059854C070421
He states that before leaving Panama, he was told that he would be given the opportunity to go through a rehabilitation program for alcohol and substance abuse at Fort Jackson, South Carolina prior to being separated from the Army and that upon his successful completion of that program he would be discharged under the provisions of Army Regulation 635-200, chapter 13 and given a GD. On 23 October 1974, an administrative separation board of officers convened to consider the applicant’s...
ARMY | BCMR | CY2001 | 2001059857C070421
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 eligibility (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 | 2001059861C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Paragraph 4-24 provides the authority for PERSCOM to separate soldiers for physical disability with severance pay. Paragraph 3-4 states in effect that the service of a soldier who is discharged while in an entry level status will be uncharacterized.
ARMY | BCMR | CY2001 | 2001059864C070421
The applicant’s military records show that she enlisted in the US Army Reserve on 30 October 1998, under the ROTC Scholarship Cadet Program. It stated that the applicant was disenrolled from ROTC under the provisions of Army Regulation 145-1, paragraph 3-43a(15). The applicant acknowledged that she understood and agreed that if she was disenrolled from the ROTC program during Military Science II, she could be called to active duty for a period of two years.
ARMY | BCMR | CY2001 | 2001059870C070421
The applicant states that he was eligible to receive the above mentioned special pays the day he came on active duty, 8 August 1998. A two, three, or four year active duty obligation is incurred based upon execution of the contract [however, not in the applicant’s case]. The applicant entered on active duty on 8 August 1998.
ARMY | BCMR | CY2001 | 2001059871C070421
Paragraph 1-21d(2) states that if an officer eligible for promotion fails to pass the most recent APFT or to take and pass the APFT within the period required because of his own fault, then the date of rank and effective date of promotion will be the day the officer passes the APFT. In accordance with the advisory opinion and with the information obtained from the applicant’s chain of command, it appears that the May 2000 APFT, which the applicant failed, in turn preventing his promotion to...
ARMY | BCMR | CY2001 | 2001059873C070421
The applicant requests, in effect, correction of his military records to show he did not have lost time and to reimburse him all due back pay and allowances. The Board concludes that an injustice exists in this case. It appears reasonable that, considering the seriousness of the offenses for which the applicant was charged, civilian authorities kept him under civil confinement for over seven months.
ARMY | BCMR | CY2001 | 2001059874C070421
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 | 2001059875C070421
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: He was transferred to Fort Knox, Kentucky to undergo his basic and advanced individual training (AIT).
ARMY | BCMR | CY2001 | 2001059876C070421
The applicant apparently informed his superiors that he had suffered a head injury; however, he was sent to Saudi Arabia anyway. These injuries pre-dated his order to active duty in September 1990. There is no evidence to show that his headaches suffered while in Saudi Arabia were the proximate result of or aggravated by performing military duties.