ARMY | BCMR | CY2001 | 2001060918C070421
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. On 30 September 1996, PERSCOM published orders D-09-683819, honorably discharging the applicant, effective 30 September 1996, as a result of twice non-selection for promotion.
ARMY | BCMR | CY2001 | 2001060919C070421
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. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. Included in this category are persons who requested a discharge because they felt that they could not overcome a bar to reenlistment.
ARMY | BCMR | CY2001 | 2001060923C070421
The evidence of record shows she enlisted on 31 July 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 31 July 2001, item 20a be corrected to show she enlisted for 3 years and 00 weeks.
ARMY | BCMR | CY2001 | 2001060925C070421
The evidence of record shows he enlisted on 18 July 2001 for 4 years and 00 weeks, not 5 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 18 July 2001, item 20a be corrected to show he enlisted for 4 years and 00 weeks.
ARMY | BCMR | CY2001 | 2001060927C070421
The evidence of record shows she enlisted on 31 July 2001 for 4 years and 00 weeks, not 3 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 31 July 2001, item 20a be corrected to show she enlisted for 4 years and 00 weeks.
ARMY | BCMR | CY2001 | 2001060928C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS : Reconsideration of his request for an upgrade of his undesirable discharge to honorable. 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 | 2001060929C070421
EVIDENCE OF RECORD : The applicant's military records show: However, the applicant’s Army Discharge Review Board (ADRB) Brief, dated 21 August 1974, shows that on 20 March 1972 the applicant’s commander recommended that he be separated under the provisions of Army Regulation 635-206, Section VI, for conviction by civil court. He recommended that the applicant be separated with a general discharge due to his problems involving drugs, that he should not be retained on active duty but should...
ARMY | BCMR | CY2001 | 2001060931C070421
The evidence of record shows he enlisted on 13 July 2001 for 4 years and 00 weeks, not 4 years and 33 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 13 July 2001, item 20a be corrected to show he enlisted for 4 years and 00 weeks.
ARMY | BCMR | CY2001 | 2001060932C070421
Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the Army Commendation Medal may be made on letter application to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, signed by an officer in the grade or position of a major general or higher. In view of the foregoing, the applicant’s records should be corrected as recommended below. That all of the Department of the Army records related to...
ARMY | BCMR | CY2001 | 2001060933C070421
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. Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) The official from the Office of The Surgeon General stated that the applicant should receive the ISP for FY01.
ARMY | BCMR | CY2001 | 2001060935C070421
The first contested NCOER, for the rating period February through October 1998, was a change of rater report when the applicant departed Redstone Arsenal, AL for Europe. The applicant was rated as a 91B. That the applicant’s NCOER for the period ending October 1998, Part IVb be amended to delete the comment “failed to retake the 91C licensure exam and did not notify his chain of command after promising that he would take it” and to change the rating from “Needs Some Improvement” to “Success.”
ARMY | BCMR | CY2001 | 2001060936C070421
The applicant requests, in effect, that the records be corrected to show her request for a deemed election of the Survivor Benefit Plan (SBP) of her deceased former spouse, a former service member (FSM), was received in a timely manner. That all of the Department of the Army records related to this case be corrected by showing that the applicant requested a deemed election of the FSM’s SBP and forwarded the request and a copy of the divorce decree to DFAS on 27 August 1999. That the...
ARMY | BCMR | CY2001 | 2001060941C070421
An Army Discharge Review Board (ADRB) brief dated 19 May 1976 indicates the applicant requested a discharge in lieu of court-martial on 13 March 1972, that he made no statement in his own behalf, that he understood the consequences of a general discharge or a discharge UOTHC, and that his request was approved by the appropriate authority on 21 March 1972. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record,...
ARMY | BCMR | CY2001 | 2001060943C070421
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 was confined from 5 August to 31 October 1969.
ARMY | BCMR | CY2001 | 2001060949C070421
The applicant states that he was awarded the PH due to a wound that he received while serving in the Republic of Vietnam (RVN) in May 1967. The applicant is entitled to correction of his DD Form 214 to show award of the PH for the wounds he received on 10 May 1967. 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) to show award of the PH, the MUC, the RVN Gallantry Cross with...
ARMY | BCMR | CY2001 | 2001060950C070421
The applicant’s military records are not available. Orders 005-003, State of Kansas, Office of the Adjutant General dated 9 January 2001 revoked these orders. She should not be penalized because her August 2000 appointment orders were not revoked until January 2001.
ARMY | BCMR | CY2001 | 2001060952C070421
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 evidence of record clearly shows that the applicant was given a second chance to redeem himself and complete his service obligation to his country through alternate service pursuant to the provisions of PP # 4313.
ARMY | BCMR | CY2001 | 2001060962C070421
Orders Number 00-013-019 and 00-013-0020, dated 13 January 2000, issued by the Headquarters, 143 rd Transportation Command, authorized the promotion of the two individuals who were on the same promotion standing list as the applicant in the same MOS with less promotion points. The evidence of record contains an IG report that confirms that unit promotion officials admit they erred in the applicant’s promotion. In view of the foregoing, the applicant’s records should be corrected as...
ARMY | BCMR | CY2001 | 2001060978C070421
The applicant submitted two applications. On 16 March 1983, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10. However, evidence of record shows that on 16 March 1983 the applicant indicated on his request for discharge that he understood that there was no automatic upgrading nor review by any Government agency of a less than honorable discharge and that he must apply to the...
ARMY | BCMR | CY2001 | 2001060982C070421
If this initial evaluation indicates the soldiers is not fit to continue membership or assignment in his/her MOS, the case records will be submitted to the State MDRB for determination. This initial medical evaluation will result in one of four recommendations: (1) fully fit for continued duty in current MOS without limitations of duty; (2) fit for retention and combat duty but with duty limitations which may be temporary with anticipated return to normal function requiring more than 90...
ARMY | BCMR | CY2001 | 2001060984C070421
The applicant requests adjustment of the effective date of his 1-year ISP (Incentive Special Pay) contract from 1 October 1997 to 1 July 1997. He entered into a new ISP as a thoracic surgeon on 1 October 1997 following completion of his general surgery ISP on 30 September 1997. The applicant contracted a general surgery ISP for the period 1 October 1996 through 30 September 1997 at the rate of $26,000 per year.
ARMY | BCMR | CY2001 | 2001060985C070421
The Director, Academic Department and the former Commandant both indicated that the three majors who graded the applicant’s research paper were highly respected members of the faculty, the applicant’s research paper did not receive a higher degree of scrutiny, and that minorities were not evaluated differently. Degree by school officials in the applicant’s case. Degree standards, read the applicant’s research paper, concurred with the evaluation by the Academic Department Director, and...
ARMY | BCMR | CY2001 | 2001060990C070421
The applicant requests, in effect, that his military records be corrected to show the rank and pay grade of technical sergeant (TSGT) and that he be recognized for wounds received in action during combat operations. The applicant requests, in effect, that his military records be corrected to show the rank and pay grade of technical sergeant (TSGT) and that he be recognized for wounds received in action during combat operations. The applicant requests, in effect, that his military records...
ARMY | BCMR | CY2001 | 2001060991C070421
A DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 1 March 1973, corrected the applicant’s 4 October 1967 DD Form 214 to show he was awarded the Vietnam Service Medal (VSM). The record also confirms that based on his service in the RVN, the applicant was entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Campaign Medal with 60 Device, and 3 bronze service stars with his Vietnam Service Medal. That all of the...
ARMY | BCMR | CY2001 | 2001060994C070421
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 (UD) be upgraded to an honorable discharge. Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE IDAR2001060994SUFFIXRECONDATE BOARDED20020207TYPE OF DISCHARGE(UD)DATE OF DISCHARGE19750902DISCHARGE AUTHORITYAR635-200DISCHARGE REASONA71.00BOARD DECISION(DENY)REVIEW AUTHORITYISSUES 1.144.71002.3.4.5.6.
ARMY | BCMR | CY2001 | 2001060996C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He provides no supporting evidence although he states that he has his profile record. On 30 October 1978, the applicant was discharged, with a discharge under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14 for misconduct.
ARMY | BCMR | CY2001 | 2001061001C070421
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 4 June 1969, after consulting with legal counsel and being advised of the basis for the contemplated trial by court-martial for an offense or offenses punishable by a bad conduct discharge, the rights available to him, and the effects of an UD, the applicant voluntarily elected to request a discharge under the...
ARMY | BCMR | CY2001 | 2001061004C070421
He also asks that a statement be added to his DD Form 214 to indicate that he “was awarded a 20 percent disability as a result of combat action.” The applicant states that he was awarded a Legion of Merit upon his retirement from active duty in 1989 but the award was omitted from his separation report. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. However, the evidence of record indicates that the applicant...
ARMY | BCMR | CY2001 | 2001061016C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: Concerning the applicant's other statements about his personal effects and military pay, there is no evidence in the record to support his contentions that he was deprived of property or...
ARMY | BCMR | CY2001 | 2001061022C070421
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 | 2001061023C070421
By law, members being retired based on non-regular service age and service requirements are entitled to be placed on the Retired List and receive retired pay in the highest grade in which they satisfactory served at anytime in the Armed Forces. In addition, the law stipulates that if a member is eligible for retired pay under more than one formula, they are entitled to receive retired pay based on the formula most favorable to them. That all of the Department of the Army records related to...
ARMY | BCMR | CY2001 | 2001061025C070421
His records show he was assigned to a lieutenant colonel position as a Plans Officer effective 1 June 1993, and reassigned to another lieutenant colonel position effective 17 August 1994. From the time the applicant was selected by a mandatory promotion board in 1992, through his retirement date in 1995, the Army Reserve had more promotable lieutenant colonels in the AGR program than authorized colonel positions. The Board concludes in this case that the applicant has not shown he was...
ARMY | BCMR | CY2001 | 2001061027C070421
The applicant requests, in effect, correction of his records to show award of the Purple Heart based on wounds he received on 3 February 1945 in France while in combat. Based on award of the Combat Infantryman Badge, he is entitled to correction of his records to show the Bronze Star Medal. Evidence of record shows the applicant participated in four campaigns during his assignment in the European-African-Middle Eastern Theater of Operations which are not correctly shown by award of four...
ARMY | BCMR | CY2001 | 2001061030C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Enclosure 2 of the policy letter provided a clarification of the regulation which stated, in pertinent part, that non-prior service personnel who enlist for a shortage skill that was on the list of eligible skills for assignment to a unit on the list of SRIP Designated Units, were eligible to receive a SRIP enlistment bonus of $3,000.00. Although the applicant enlisted in...
ARMY | BCMR | CY2001 | 2001061034C070421
The applicant requests that his records be corrected to show that he was awarded the Purple Heart (PH). The applicant’s military records show that he was inducted into the Army of the United States for 2 years on 18 October 1967. The applicant was wounded in Vietnam and was awarded the PH on 12 January 1969 by General Orders 560, Headquarters, 1 st Cavalry Division.
ARMY | BCMR | CY2001 | 2001061038C070421
This document confirms that her last name was changed on that date and it contains the last name under which she performed her military service, as well as her new last name. However, her own evidence confirms that this change to her last name did not occur until 5 June 2001, which is almost 19 years after she completed her service in the USAR and 4 years after she was placed on the Retired List and began receiving retired pay. In the applicant’s case, the military records on file reflect...
ARMY | BCMR | CY2001 | 2001061040C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 6 February 1964, the applicant’s commander submitted a recommendation to separate the applicant from the service under the provisions of Army Regulation 635-208, for unfitness. 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 | 2001061045C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : The applicant submitted three applications. The Board noted the applicant’s request to show his narrative reason for separation on his General Discharge Certificate.
ARMY | BCMR | CY2001 | 2001061048C070421
Title 10, United States Code, section 14308(c)(2) states that “Except as specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.” The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was on active duty on 27 August 1995; therefore, he is not eligible...
ARMY | BCMR | CY2001 | 2001061050C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 16 January 2001, the Total Army Personnel Command (PERSCOM) denied the applicant’s appeal, stating that while the applicant clearly denied the allegation made against him, he had failed to provide evidence which would overturn the substantiated DAIG report. Neither the applicant’s prior duty performance nor his command’s failure to take punitive action against him as a...
ARMY | BCMR | CY2001 | 2001061054C070421
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. The evidence of record clearly shows he was entitled to award of the GCMDL for the period 10 May 1950 to 19 July 1952, the CIB, the NDSM, the UNSM, and 2 bronze service stars to the KSM. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the GCMDL for the period 10...
ARMY | BCMR | CY2001 | 2001061058C070421
The applicant requests that his undesirable discharge (UD) be upgraded to a fully honorable discharge or that the reason for discharge be changed to "Convenience of the Government." An Army Discharge Review Boards (ADRB) Case Report, dated 19 April 1962, reveals that, on 4 October 1956, the applicant's commander recommended that a board of officers meet to determine his fitness for continued military service under the provisions of Army Regulation 635-208. The Board does not condone the...
ARMY | BCMR | CY2001 | 2001061061C070421
The applicant states that he believes his condition at the time of his separation satisfied the requirements for a 30 percent disability rating under the Veterans Affairs Schedule for Rating Disabilities (VASRD), that the actions of the USAPDA were contrary to policy changes proposed by the Department of Defense (DoD) regarding the rating of HIV infection, and that prior to his placement on the Temporary Disability Retired List (TDRL) he was scheduled for a length of service retirement. In...
ARMY | BCMR | CY2001 | 2001061062C070421
APPLICANT STATES : That his condition at the time of his separation warranted a 30 percent disability rating according to the Veterans Administration Schedule for Rating Disabilities (VASRD), that the actions of the U. S. Army Physical Disability Agency (USAPDA) were contrary to policy changes regarding the rating for HIV infection, and that the USAPDA violated statutory and procedural requirements for reviewing TDRL (Temporary Disability Retirement List) cases and by failing to forward his...
ARMY | BCMR | CY2001 | 2001061067C070421
The applicant states, in effect, that the Reserve Officer Personnel Management Act (ROPMA), Title 10, U. S. Code (USC), section 14304, requires that an officer recommended for promotion by a selection board the first time the officer is considered, while in or above the promotion zone, and who is placed on an approved promotion list, be promoted not later than their maximum time-in-grade (MTIG) for their present grade. The Office of Promotions, Reserve Components, U. S. Total Army Personnel...
ARMY | BCMR | CY2001 | 2001061071C070421
The applicant, as the sister of the former service member (FSM), requests correction of her brother’s military records to show award of the Bronze Star Medal and the Purple Heart. Therefore, the FSM is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award. RVO __ JPI_____WDP _____ GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY2001 | 2001061075C070421
The opinion points out that the applicant completed 20 years and 18 days of active Federal service at the time of his retirement and was holding the highest enlisted pay grade of SFC/E-7 while on active duty. He will be advanced to CPT/0-3, the highest commissioned grade on active duty. The Board notes that the advisory opinion points out that the applicant will be advanced to CPT/0-3 on the Retired List, the highest commissioned grade on active duty, if he submits a claim for advancement...
ARMY | BCMR | CY2001 | 2001061078C070421
EVIDENCE OF RECORD : The applicant's military records show: Evidence of record shows the applicant was honorably separated from active duty on 30 July 1982 in the rank and pay grade of SP4/E-4. The Board noted the applicant’s request that his military records be corrected to show his rank and pay grade as SGT/E-5 instead of SP4/E-4.
ARMY | BCMR | CY2001 | 2001061082C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The separation authority approved the recommendation for discharge and directed that he be furnished an 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 | 2001061083C070421
Based on the Reserve Officers Personnel Management Act (ROPMA), the effective date of promotion for an officer cannot be prior to the date the President of the United States approves the promotion board results. The opinion also states that the applicant had been in a major’s position since 3 January 1999 and that the applicant was issued a promotion memorandum on 14 January 2000 showing his date of rank as 3 January 2000. Under ROPMA, the MYIG for a Reserve captain in order to be eligible...