ARMY | BCMR | CY2001 | 2001060641C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s record contains no evidence of any award recommendations. The applicant’s military personnel file contains no evidence of the award recommendation he submitted with his application, and the award recommendation he has provided is not signed nor is there any evidence that it was officially submitted for consideration.
ARMY | BCMR | CY2001 | 2001060645C070421
Paragraph 5-11 contains guidance on awarding the World War II Victory Medal and states, in pertinent part, that it is awarded to members who served between 7 December 1941 and 31 December 1946. While the evidence of record does confirm that the applicant was hospitalized on three separate occasions while serving in the ETO, it gives no indication that any of these hospitalizations were the result of his being wounded or injured in action. That all of the Department of the Army records...
ARMY | BCMR | CY2001 | 2001060646C070421
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 his pay grade as E-7 and his date of pay grade as 1 October 1996. There is no evidence in the available record to indicate anything about his service being based on his military spouse’s qualification for or assignment to the Recruiting and Retention School.
ARMY | BCMR | CY2001 | 2001060648C070421
The applicant requests that his military records be corrected to reflect award of an Army Good Conduct Medal and an Army Commendation Medal. During his first tour of duty in Korea he was awarded three awards of the Army Achievement Medal, all of which are recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty). There is, however, no evidence, and the applicant has not provided any, that he was ever recommended for, or awarded an Army Commendation Medal.
ARMY | BCMR | CY2001 | 2001060662C070421
The applicant requests, in effect, that his 14 January 2000 discharge from the United States Army Reserve (USAR) be voided, that his payments under the Voluntary Separation Incentive Program (VSIP) be continued and that he be paid all back payments that he should have received had he not been involuntarily discharged. Although officials at the ARPERSCOM indicate that the applicant submitted a resignation, the applicant denies having done so and the ARPERSCOM has been unable to provide any...
ARMY | BCMR | CY2001 | 2001060663C070421
A review of unit historical files revealed that Headquarters, XV Corps had the authority to publish General Orders that awarded members of the 106 th Cavalry any awards above the Purple Heart. 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: Without such orders, the Board presumes that the applicant may have recalled being recommended for award of the...
ARMY | BCMR | CY2001 | 2001060665C070421
The applicant's medical records were reviewed by the Physical Evaluation Board on 19 October 1999. On the date that promotion orders were published promoting him to the rank of Staff Sergeant, he was in a promotable status. On the effective date of his promotion, 1 October 1999, the applicant's records had not yet been reviewed by the Physical Evaluation Board and a decision about his retainability in service had not yet been made, and therefore, the promotion orders should not have been...
ARMY | BCMR | CY2001 | 2001060668C070421
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 completed a total of 2 years, 11 months, and 22 days of honorable active military service at the time of his separation on 1 June 1977, which more than satisfies this regulatory qualifying period of service criteria. That all of the Department of the Army records related to this case be...
ARMY | BCMR | CY2001 | 2001060669C070421
In Part VII of that report, the senior rater placed him in the top block, noting that the applicant’s performance was outstanding, that he exceeded all expectations, that his ability to think clearly and see through complex problems and develop sound recommendations enabled the battalion to excel; that he was instrumental in the professional development of the Support Group officers and NCO’s, that he had the potential to serve with distinction at any level of command, should be promoted...
ARMY | BCMR | CY2001 | 2001060670C070421
APPLICANT REQUESTS: That a Record of Proceedings under Article 15, Uniformed Code of Military Justice (UCMJ) be removed from his Official Military Personnel File (OMPF); that his reentry (RE) code be changed from RE-4 to RE-1; and removal of a Department of the Army (DA) imposed bar to reenlistment. In his appeal to the bar to reenlistment he requested that his records be reviewed again. However, the available records fail to show that the Article 15 that he submitted as a part of his...
ARMY | BCMR | CY2001 | 2001060672C070421
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from active Duty) be corrected to show that his authorized awards include the Army Achievement Medal with one Bronze Oak Leaf Cluster. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. That all of the...
ARMY | BCMR | CY2001 | 2001060673C070421
This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.
ARMY | BCMR | CY2001 | 2001060674C070421
In its recommendation, the OCAR noted that, at the time of the applicant's enlistment, a computer error included MOS 11B as an eligible MOS for the prior service bonus. HQDA, on 10 October 1997, denied the request because the applicant's MOS was not authorized the prior service enlistment bonus, and pointed out that the applicant had the options to either remain in the USAR, request discharge based on an invalid enlistment contract, or petition this Board. The applicant has not presented...
ARMY | BCMR | CY2001 | 2001060675C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. When a commander of United States forces outside the continental United States was granted special authority by the War Department to appoint or to recommend the appointment of officers, the qualifications for appointment would be as indicated in the special War Department instructions authorizing the appointments. DISCUSSION : Considering all the evidence, allegations,...
ARMY | BCMR | CY2001 | 2001060677C070421
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 | 2001060678C070421
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 | 2001060679C070421
Item I1, Section I, Enlisted Records Brief, prepared on 12 April 2001 shows applicant’s rank and Date of Rank (DOR) as: SPC 19960615. His DD Form 214 correctly shows his rank as PFC; however, the date of rank shown in item 12h is not correct. The date of rank shown on the DD Form 214 is that for the former rank of Specialist Four held by the applicant before he received nonjudicial punishment.
ARMY | BCMR | CY2001 | 2001060683C070421
In view of the additional factor in this case the applicant is entitled to correction of his record to show he was continued on active duty in the pay grade of O6 until 31 December 1998, and retired in that grade effective 1 January 1999. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation...
ARMY | BCMR | CY2001 | 2001060686C070421
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 | 2001060691C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that a general officer memorandum of reprimand (GOMOR), dated 5 September 1997, and all other documents pertaining to the GOMOR be transferred from his Official Military Personnel File (OMPF) to his restricted fiche (R-Fiche). DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the...
ARMY | BCMR | CY2001 | 2001060704C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 15 April 1983, the applicant was discharged with a BCD pursuant to his sentence by general court-martial. 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 | 2001060711C070421
PROCEEDINGS BOARD DATE: 18 December 2001 DOCKET NUMBER: AR2001060711 The applicant requests that her honorable discharge from the Reserve be voided and that she be transferred to the Retired Reserve. The applicant was eligible to be transferred to the Retired Reserve.
ARMY | BCMR | CY2001 | 2001060714C070421
According to the VA statement, submitted in support of his request, the applicant was awarded a 70 percent disability rating by the VA in May 2001. There is no evidence, and the applicant has not provided any, which indicates that he had any medically unfitting disability which required physical disability processing. This conclusion is supported by the SPD code reflected on his separation document and the fact that he was awarded half separation pay.
ARMY | BCMR | CY2001 | 2001060721C070421
The applicant’s military records show that he was inducted into the Army of the United States on 1 August 1968 for a period of 2 years. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH). 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) awarding him the PH, Good Conduct Medal, and the Republic of Vietnam Gallantry...
ARMY | BCMR | CY2001 | 2001060723C070421
The applicant requests correction of his records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) for wounds he sustained in combat in Vietnam. The applicant’s DD Form 214 does not show any awards of the Purple Heart. Records show the applicant was wounded a second time on 21 January 1968; therefore, he is entitled to two awards of the Purple Heart and correction of his records to show the Purple Heart (First Oak Leaf Cluster).
ARMY | BCMR | CY2001 | 2001060725C070421
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 authority for his separation was chapter 4, Army Regulation 635-200, by reason of completion of active duty training.
ARMY | BCMR | CY2001 | 2001060726C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In support of his application, the applicant submitted a copy of a citation awarding him the SS for gallantry in action on 29 August 1969 in the Republic of Vietnam. A search of orders for award of the SS during 1969 and 1970 did not reveal any orders for the applicant using either the middle initial "A" or "W."
ARMY | BCMR | CY2001 | 2001060727C070421
The applicant states, in effect, that he finds it hard to believe that his military records do not contain evidence that he was awarded the Purple Heart or two awards of the Air Medal. The applicant’s submission is new evidence that requires Board consideration. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
ARMY | BCMR | CY2001 | 2001060729C070421
There is no evidence in the available records to show that he was awarded the Purple Heart and his WD AGO Form 53-55 indicates in item 34, that he had no wounds received in action. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. Accordingly, it would be in the interest of justice to correct his records at this time by awarding him the WWII Victory Medal.
ARMY | BCMR | CY2001 | 2001060732C070421
The applicant states that he, an aviation Chief Warrant Officer 2 (CW2), was released from active duty and transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement), Individual Ready Reserve (IRR), on 1 March 2001, and was not considered for promotion to CW3 by a Reserve Promotion Selection Board that convened on 23 April 2001. The applicant’s military records show that he is currently an aviation CW2 Reserve warrant officer with a date of rank of 17 September 1994. That...
ARMY | BCMR | CY2001 | 2001060735C070421
The applicant’s military records show that he served on active duty in the USMC for 4 years, from 6 June 1966 to 5 June 1970, at which time he was honorably separated at the expiration of his enlistment. Although not entered in his DA Form 20, the applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Order Number 681, dated 30 April 1972, which confirms that at the completion of his tour in the RVN he was awarded the Army Commendation Medal for meritorious service...
ARMY | BCMR | CY2001 | 2001060740C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s NCOER immediately subsequent to the contested NCOER showed he received five success and fully capable ratings in Part IVb and Part Va. Furthermore, the contested report is representative of one other NCOER rating received by the applicant during his AGR tour.
ARMY | BCMR | CY2001 | 2001060741C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 28 October 1999, a second investigation was conducted by the Military Criminal Investigation Command (CID), Fort Drum, New York, for allegations of committing sodomy by force of another soldier and unlawfully breaking and entering the barracks room of said soldier with the intent to commit sodomy. Chapter 10 of that regulation provides, in pertinent part, that a member...
ARMY | BCMR | CY2001 | 2001060743C070421
On 25 July 2001, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge. The evidence of record shows that the applicant was awarded the AAM twice and also the Parachutist Badge. The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.
ARMY | BCMR | CY2001 | 2001060744C070421
Counsel also comments that even the victim in the incident that resulted in the court-martial charge being preferred against the applicant indicated to prosecutors at the time that he did not believe a court-martial was appropriate. On 29 May 1998, the separation authority approved the applicant’s discharge request and directed he be discharged under other than honorable conditions and that he be administratively reduced to the lowest enlisted grade. The evidence of record shows the...
ARMY | BCMR | CY2001 | 2001060745C070421
APPLICANT REQUESTS: Correction of his military records to show the reentry eligibility (RE) code 1, 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. Further, the applicant has not provided any substantiated evidence that shows he was discriminated against because of his nationality by anyone within his unit’s chain of...
ARMY | BCMR | CY2001 | 2001060747C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 635-200 states in pertinent part that an honorable discharge is a separation with honor. It is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2001 | 2001060753C070421
The DD Form 214 issued to the applicant on 4 October 1999 shows in item 25 (Separation Authority) that he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13. On 9 May 2001, the applicant applied to the Army Discharge Review Board (ADRB) to change the reason and separation authority of his discharge to Army Regulation 635-200, paragraph 5-18. Therefore, the applicant’s DD Form 214 is correct as currently constituted and there is no basis for correcting his...
ARMY | BCMR | CY2001 | 2001060757C070421
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: 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 a discharge for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2001 | 2001060758C070421
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 | 2001060764C070421
APPLICANT REQUESTS: That her records be corrected to show entitlement to award of Medical Additional Special Pay (MASP) for the period 1 July 2000 to 30 June 2001. For Army Medical corps Officers (Physicians), these special pays are: 1) Variable Special Pay (VSP) which is paid to all Medical Corps Officers monthly upon entry on active duty; 2) Board Certification Pay (BCP) which is paid monthly to all board certified Medical Corps Officers based upon their date of board certification and...
ARMY | BCMR | CY2001 | 2001060770C070421
APPLICANT REQUESTS: That his Special Court-Martial (SPCM) Order Number 9, dated 10 September 1985, be transferred from his performance fiche to the restricted portions of his Official Military Personnel File (OMPF). He further states that he has continued to serve his country with honor, as reflected in his duty performance over the past 18 years, and has received five Good Conduct Medals, five Army Commendation Medals and three Army Achievement Medals. He was also awarded the National...
ARMY | BCMR | CY2001 | 2001060771C070421
In support of his application, he provides the following evidence not previously considered by the Board: a rebuttal to the 20 October 1999 ARBA legal opinion; rebuttal comments to both of the previous decisional documents issued by this Board; and three third party statements addressing his MPAP phase II academic record, the personality conflict that existed between he and the two MPAP course officials, and comments of a member of the Board of Inquiry (BOI) conducted in his case in regard...
ARMY | BCMR | CY2001 | 2001060776C070421
On 11 August 1982, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge. The applicant submitted an application to this Board requesting an upgrade of his discharge on 4 February 1989. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
ARMY | BCMR | CY2001 | 2001060778C070421
He indicates that he received numerous military awards to include the Silver Star and Bronze Star Medals; that he served in combat as an infantry platoon sergeant for 200 days; and that he participated in the Naples-Foggia and Rome-Arno campaigns of World War II. The evidence of record confirms that the applicant served as a SSG on active duty for almost 4 years and that his combat service in the ETO was exemplary and heroic as evidenced by the awards and decorations he received, which...
ARMY | BCMR | CY2001 | 2001060779C070421
The Board considered the following evidence: The appropriate authority approved his request for separation under the provisions of AR 635-200, chapter 10 with an UOHC discharge and directed the issuance of a DD Form 258A, Undesirable Discharge Certificate. 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 | 2001060780C070421
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 | 2001060786C070421
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. APPLICANT REQUESTS: That his records be corrected to show he has 21 years, 5 months and 13 days of qualifying service for retirement at age 60. The applicant...
ARMY | BCMR | CY2001 | 2001060792C070421
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 | 2001060793C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 27 July 1972, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful order to get out of bed. The Board notes the applicant’s young age at the time of his enlistment.