ARMY | BCMR | CY2001 | 2001060223C070421
The applicant requests, in effect, that her date of rank (DOR) for promotion to major (MAJ) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 31 August 1998 to 20 May 1998. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing a specified maximum years (time) in grade (MTIG), so that if the officer is selected for promotion,...
ARMY | BCMR | CY2001 | 2001060226C070421
In an earlier advisory it was noted that the applicant’s records did not contain a DA Form 4824-R (SMP Contract) or orders that discharged him from ROTC to enroll in the SMP. It was determined that the applicant’s PEBD and Basic Active Service Date is 9 May 1986 and that his DIEMS date is 3 July 1984. Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of the law to provide service credit to officers commissioned from the ROTC Advanced Course program who...
ARMY | BCMR | CY2001 | 2001060252C070421
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 | 2001060255C070421
The applicant requests, in effect, that his effective date for promotion to major be corrected from 20 October 2000 to 27 August 1997, the date established by a 30 March 1999 Department of the Army Special Selection Board (SSB) that selected him for promotion based on the Calendar Year 1997 (CY97) promotion board criteria. The applicant states, in effect, that his 20 October 2000 promotion orders deny him the pay and allowances he should have been provided based on the promotion effective...
ARMY | BCMR | CY2001 | 2001060258C070421
Records at the U. S. Army Reserve Personnel Command (AR-PERSCOM) indicate the FSM was mailed a retirement application packet on 8 June 1999 but they have no record of it being returned either as undeliverable or completed for certification. The evidence of record shows that the FSM never applied for retired pay. Although records at AR-PERSCOM show that he was mailed his retired pay application two years prior to his reaching age 60, there was no requirement that he submit the application...
ARMY | BCMR | CY2001 | 2001060260C070421
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 | 2001060261C070421
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: Thus, the Board concludes his GD was appropriate based on his record of service. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001060261SUFFIXRECONYYYYMMDDDATE BOARDED2001/10/18TYPE OF DISCHARGE(GD)DATE OF DISCHARGE19890915DISCHARGE AUTHORITYAR635-200 .
ARMY | BCMR | CY2001 | 2001060262C070421
The Commander’s Inquiry procedures will not be used to document differences of opinion between rating officials (or between the commander and rating officials) about an NCO’s performance and potential. Army Regulation 635-205, paragraph 4-2 states that an NCOER accepted for inclusion in an NCO’s official military personnel file (OMPF) is presumed to be administratively correct, to have been prepared by the properly designated rating officials and to represent the considered opinion and...
ARMY | BCMR | CY2001 | 2001060263C070421
He subsequently received a letter from the finance office at Fort Jackson on 20 January 1997, which indicated that the evacuation allowances would cease effective 5 December 1996 and that his dependents needed to submit a final voucher. Accordingly, it was reasonable for him to presume that the allowances being provided directly to his dependents would cease once he provided documentation to show that they were no longer his dependents. RECOMMENDATION : That all of the Department of the...
ARMY | BCMR | CY2001 | 2001060265C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that her records be corrected to show entitlement to back Board Certification Pay (BCP) for the period 1 July 1996 to the present. The evidence of record clearly shows the applicant did not provide the OTSG with the necessary board certification documentation until 2001.
ARMY | BCMR | CY2001 | 2001060267C070421
The son decided to remain in the USAR and was subsequently promoted to PV2 on 15 October 1999, and to PFC on 8 April 2000, based on his time in service (TIS) and time in grade (TIMIG). The opinion recommended that the applicant’s grade and DOR be adjusted to the rank of PFC, pay grade E-3, with an effective date of 30 August 2000. The Board also notes that for promotion to SPC, the applicant must be in a promotable status on the effective date of advancement and that the advancement...
ARMY | BCMR | CY2001 | 2001060269C070421
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. There is no evidence, and the applicant has not provided any, which indicates that he suffered from any medically disqualifying condition which would have...
ARMY | BCMR | CY2001 | 2001060270C070421
He further indicates that this was the case with the applicant but because he was wounded later himself, he lost track of the applicant and was not aware the applicant had been wounded while crossing the mine field or that the applicant was not treated for the wound at the time. The applicant’s military records were not available to the Board for review. The Board notes the applicant’s contention that he is entitled to the PH for a shrapnel wound and a trench foot injury he received in...
ARMY | BCMR | CY2001 | 2001060275C070421
The USASMA commandant did not accept this medical reason for failure of the APFT and dismissed the applicant from the SMC without completion. After 10 days training and completing the SMC academic requirements, he took the test again on 16 June 1999. He failed the run with a 20:21 minute run time.
ARMY | BCMR | CY2001 | 2001060276C070421
He was considered for promotion to major by the first available promotion board after he was commissioned in the USAR on 2 April 1996, the 1997 Reserve Mandatory Promotion Selection Board for major which convened on 11 March 1997, adjourned on 11 April 1997. The applicant was recommended for promotion to major. In pertinent part, it states that a Reserve captain will be considered for promotion to major by a promotion board far enough in advance of completing seven years of service MTIG as...
ARMY | BCMR | CY2001 | 2001060277C070421
The applicant requests, in effect, that her DD Form 214 (Report of Transfer or Discharge) be corrected to include credit for completing the Medical Technicians Course, and award of the Good Conduct Medal, Armed Forces Medal (sic), Army Service Ribbon, and American Defense [Service] Medal. Army Regulation 600-8-22, Military Awards, prescribes Army policy, criteria, and administrative instructions concerning individual military awards. That all of the Department of the Army records related...
ARMY | BCMR | CY2001 | 2001060279C070421
She submits copies of a memorandum dated 21 April 2001, Request for Exception to Policy and Retention; a memorandum dated 23 April 2001, Request for Exception to Army Regulation 140-10; a letter dated 2 July 2001 from the Office of the Chief, Army Reserve; and a memorandum dated 16 July 2001, Request For Revoking of Discharge. Title 10, USC, section 14509 specifies that each Reserve officer of the Army in a grade below brigadier general, who has not been recommended for promotion and is not...
ARMY | BCMR | CY2001 | 2001060299C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 18 September 2000, the applicant submitted a request for Remission or Cancellation of Indebtedness to PERSCOM based on an injustice. 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 | 2001060300C070421
The applicant’s U. S. Army Recruiting Command reservation sheets and Statement for Enlistment United States Army Training Enlistment Program, DA Form 3286-63, show that he enlisted in the Regular Army on 9 July 2001 for 3 years and 00 weeks. The evidence of record shows he enlisted on 9 July 2001 for 3 years and 00 weeks, not 8 years and 00 weeks. That the applicant’s DD Form 4/3 dated 9 July 2001, item 20a be corrected to show he enlisted for 3 years and 00 weeks.
ARMY | BCMR | CY2001 | 2001060302C070421
By regulation, Army Guidance Counselors are required to verify that a member enlisting for the LRP has qualifying loans and to advise those members if any loan is not eligible for repayment. In doing so, the applicant’s military records may be corrected to show his DA Form 3286-66 was amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted actually...
ARMY | BCMR | CY2001 | 2001060303C070421
By letter dated14 February 2001, DFAS informed the applicant that the SBP portion of his retired pay account was being adjusted from declined to automatic spouse coverage based on the fact his spouse did not concur in his declination. DFAS did not notice this error until seven years later, when they informed the applicant that he had made an invalid SBP election by not obtaining his spouse’s written concurrence with his declination and imposing a $8,000 debt upon him for back premiums. ...
ARMY | BCMR | CY2001 | 2001060304C070421
APPLICANT STATES : That the evidence he has submitted with his application will support his request. The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00 of the unpaid principal of eligible student loans for each year of active duty a soldier completes. The applicant enlisted for an MOS which did not offer the LRP as an enlistment incentive.
ARMY | BCMR | CY2001 | 2001060306C070421
EVIDENCE OF RECORD : The applicant's military records show: On 4 October 2001, the Army Grade Determination Review Board (AGDRB) evaluated the applicant’s record to determine if he should be advanced to the rank and pay grade of SFC/E-7 on the Retired List. The Board notes the applicant’s contention that he should be advanced to SFC/E-7 on the Retired List but after reviewing his overall record of service, the Board concludes it concurs with the AGDRB determination that his service as a...
ARMY | BCMR | CY2001 | 2001060307C070421
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. There is no evidence of record to show that the applicant was wounded in action. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 26 January 1970 – 27 September 1971.
ARMY | BCMR | CY2001 | 2001060311C070421
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 are not available. The Director or the Board may grant a formal hearing whenever justice or the complexity of the case requires.
ARMY | BCMR | CY2001 | 2001060314C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 30, 31 August and 2, 3 September 1972, he failed to go at the time prescribed to his appointed place of duty. There is no evidence in the record, nor has the applicant presented any, to show that the applicant's misconduct was, in any way, related to combat duty.
ARMY | BCMR | CY2001 | 2001060317C070421
Evidence of record also shows that he was wounded in action on 18 October 1952 in Korea. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Combat Medical Badge. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Medical Badge and the Republic of Korea Presidential Unit Citation.
ARMY | BCMR | CY2001 | 2001060320C070421
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’s military records show that he was inducted into the Army on 11 September 1969. Therefore, the Board cannot confirm his eligibility for award of the Purple Heart.
ARMY | BCMR | CY2001 | 2001060321C070421
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. Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2001 | 2001060323C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He provides a certificate of completion dated 12 August 2000 for completing Anger Management Training and a Motion to Dismiss dated 22 September 2000 as supporting evidence. On 14 November 2001, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade his discharge.
ARMY | BCMR | CY2001 | 2001060324C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. 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...
ARMY | BCMR | CY2001 | 2001060330C070421
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 | 2001060332C070421
The front page of the applicant’s performance evaluation reports, including annual reports ending in November 1998 and November 1999, provided by the Tennessee Army National Guard, appear to indicate the applicant was a successful member of the National Guard. Department of Defense Instruction Number 1332.38, Subject: Physical Disability Evaluation, states that a service member shall be considered unfit when the evidence establishes that the member, due to physical disability, is unable to...
ARMY | BCMR | CY2001 | 2001060333C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his uncharacterized discharge be upgraded to an honorable discharge. However, at the time of the applicant's separation, the regulation provided for the issuance of an uncharacterized separation for a soldier in an entry-level status.On 10 June 1998, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2001 | 2001060335C070421
EVIDENCE OF RECORD : The applicant's military records show: However, medical evidence of record, dated 1945, shows the applicant had a history of deafness in his right ear since childhood, that the cause of his severe right ear conductive deafness was undetermined and that he had a history of trauma prior to his service in Korea. However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds as a result of hostile action in Korea.
ARMY | BCMR | CY2001 | 2001060337C070421
The applicant requests that he be awarded the Bronze Star Medal. The applicant served in combat as a rifleman in World War II and was awarded the Combat Infantryman Badge. That all of the Department of the Army records related to this case for the individual concerned be corrected by awarding him the Bronze Star Medal based on the award of the Combat Infantryman Badge.
ARMY | BCMR | CY2001 | 2001060339C070421
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. There are no orders in the...
ARMY | BCMR | CY2001 | 2001060340C070421
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 | 2001060341C070421
The applicant has presented a copy of a certificate signed by the 9th Infantry Division Commanding General showing that he was awarded the ARCOM for meritorious service from July 1967 through May 1968, a period corresponding to his period of assignment to the 9th Infantry Division. The applicant is also entitled to have his DD Form 214 corrected to show that he was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Medal, First Class Unit...
ARMY | BCMR | CY2001 | 2001060342C070421
The DD Form 214 item by item preparation instructions contained in the regulation in effect at the time of the applicant’s separation, in effect, indicated that the years, months, and days actually served on active duty would be entered in the net service this period and total active service blocks of the form. However, it does allow for an entry in the remarks block of the DD Form 214 when a member is separated under some special program that authorizes them to be credited with completing...
ARMY | BCMR | CY2001 | 2001060343C070421
APPLICANT REQUESTS: That his general discharge be upgraded to honorable. The Board reviewed the applicant’s record of service and determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001060343SUFFIXRECONDATE BOARDED20011023TYPE OF DISCHARGE(GD)DATE OF DISCHARGE19860725DISCHARGE AUTHORITYAR 635-200 Chapter 14DISCHARGE...
ARMY | BCMR | CY2001 | 2001060345C070421
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. However, his records indicate that on 21 November 1983 the applicant was discharged with a general discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.
ARMY | BCMR | CY2001 | 2001060346C070421
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 FSM’s military records were not available to the Board for review. In the opinion of the Board, the confirmation that the FSM was wounded in action in November 1944, as a result of a shell blast, in the line of duty contained in the WD AGO Form 38, dated 11 August 1945, more than sufficiently satisfies the...
ARMY | BCMR | CY2001 | 2001060348C070421
The evidence of record shows he enlisted on 22 June 2001 for 3 years and 00 weeks, not 4 years and 00 weeks. In view of the foregoing, the applicant’s records should be corrected as recommended below. That the applicant’s DD Form 4/3 dated 22 June 2001, item 20a be corrected to show he enlisted for 3 years and 00 weeks.
ARMY | BCMR | CY2001 | 2001060351C070421
He submits a statement stating he only found out of his entitlement to the MSP for this period from a colleague, he has information concerning another officer who received relief from this Board, that other USMA classmates received the MSP, that he was misled by Personnel Office officials, that he relied on these officials and was deployed to Kuwait during this period of time, and that the Special Pay Branch stated his eligibility actually began in 1993. On 13 November 2001, the Chief of...
ARMY | BCMR | CY2001 | 2001060352C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not submitted any evidence, nor is there any evidence or indication in the applicant’s records, that the applicant’s rater for the applicant’s NCOER for the period covering August 1993 through July 1994 altered her NCOER or that his rating of her was retaliatory or based on any form of discrimination against the applicant. The reason why the applicant’s...
ARMY | BCMR | CY2001 | 2001060359C070421
Evidence of record shows that on 19 October 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—minor disciplinary infractions, with a general discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and...
ARMY | BCMR | CY2001 | 2001060360C070421
On 5 December 1981, the applicant submitted a DA Form 4187 (Personnel Action) for a hardship discharge. On 11 February 1983, the applicant’s unit commander recommended that his request for discharge be approved with a UOTHC discharge. There is nothing in the applicant's record, and he has provided nothing, that indicates his recruiter promised him he would be allowed to continue his boxing career in the military.
ARMY | BCMR | CY2001 | 2001060362C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant's WD AGO Form 53-55 states "None" in Block 34 (Wounds Received in Action). 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 | 2001060364C070421
The applicant’s record contains no information that indicates he ever served as an infantryman during his Vietnam assignment. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 5 March 1969.